Board of Adjustment of the City of San Antonio v. Michael and Theresa Hayes ( 2015 )

ACCEPTED
04-15-00021-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
7/22/2015 3:22:34 PM
KEITH HOTTLE
CLERK
NO. 04-15-00021-CV
FILED IN
IN THE 4th COURT OF APPEALS
SAN ANTONIO, TEXAS
COURT OF APPEALS FOR THE 07/22/2015 3:22:34 PM
FOURTH COURT OF APPEALS DISTRICT KEITH E. HOTTLE
SAN ANTONIO, TEXAS Clerk
______________
BOARD OF ADJUSTMENT FOR THE CITY OF SAN ANTONIO
APPELLANT
VERSUS
MICHAEL AND THERESA HAYES
APPELLEES
______________
APPEAL FROM THE COUNTY COURT AT LAW NUMBER TEN, BEXAR COUNTY, TEXAS
NO. 2014CV00284
Motion for Extension of Time to File Brief of Appellees
Appellees Michael and Theresa Hayes file this Motion for Extension of Time to
File Brief of Appellees.
1. After obtaining one extension, Appellant filed its Brief of Appellant on
July 8, 2015. After that date, the undersigned agreed to appear in this matter as
additional appellate counsel for Appellees.
2. Appellees hereby request an extension for filing their brief. Lead appellate
counsel for Appellees has a previously-planned vacation over most of the next two
{MOTION~1}
weeks. Lead appellate counsel also has deadlines in numerous cases over the next
month including:
a. Steve Cooper, et al. v. Texas Alcoholic Beverage Commission, et al.;
Docket No. 14-51343, in the United States Court of Appeals for the
Fifth Circuit;
b. Young Chevrolet, Inc., et al. v. Texas Commission on Environmental
Quality, et al.; in the Court of Appeals for the Third Court of Appeals
District, Austin, Texas;
c. Miguel Rishmague, et al. v. Robert Winter, et al., Docket No. 14-11118, in
the United States Court of Appeals for the Fifth Circuit.
3. Appellees therefore request a 30-day extension of the deadline for filing their
brief such that the brief will be due on or before September 7, 2015.
4. Counsel for Appellees contacted counsel for Appellant, who indicated that
the requested extension is unopposed.
5. This is Appellees’ first request for an extension for filing of their Brief of
Appellees and the extension is not sought for delay, but so that justice may be had.
WHEREFORE Appellees pray that this Motion be granted such that Appellees’
Brief be considered timely filed on or before September 7, 2015, and this Court
award Appellees such other and further relief, both general and special, at law or in
equity, to which they may be entitled.
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Respectfully submitted,
PULMAN, CAPPUCCIO,
PULLEN, BENSON & JONES, LP
2161 NW Military Highway, Suite 400
San Antonio, Texas 78213
www.pulmanlaw.com
(210) 222-9494 Telephone
(210) 892-1610 Facsimile
By: /s/ Leslie Sara Hyman
Elliott S. Cappuccio
State Bar No. 24008419
ecappuccio@pulmanlaw.com
Leslie Sara Hyman
Texas State Bar No. 00798274
lhyman@pulmanlaw.com
Brennan R. Kucera
State Bar No. 24076491
bkucera@pulmanlaw.com
EARL & ASSOCIATES, P.C.
David L. Earl
Texas State Bar No. 06343030
Megan J. Clay
Texas State Bar No. 24077729
601 NW Loop 410, Suite 390
San Antonio, Texas 78216
(210) 222-1500 Telephone
(210) 222-9100 Facsimile
ATTORNEYS FOR APPELLEES
MICHAEL AND THERESA HAYES
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CERTIFICATE OF SERVICE
I hereby certify that on the 22nd day of July, 2015, the foregoing Motion for Extension
of Time to File Brief of Appellees has been transmitted by electronic service in accordance
with the requirements of the Texas Rules of Appellate Procedure addressed as follows:
Via Email: alopezoffice@gmail.com
Albert López
Law Offices of Albert López
14310 Northbrook Drive, Suite 200
San Antonio, Texas 78232
/s/ Leslie Sara Hyman
Leslie Sara Hyman
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