Donald B. Mullins and Blue Sky Right of Way, L.L.C. v. Martinez R.O.W., LLC F/K/A Martinez Investments ( 2015 )


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  •                                                                                            ACCEPTED
    01-15-00152-cv
    FIRST COURT OF APPEALS
    HOUSTON, TEXAS
    5/4/2015 1:44:20 PM
    CHRISTOPHER PRINE
    CLERK
    CAUSE NO. 01-15-00152-CV
    IN THE COURT OF APPEALS           FILED IN
    1st COURT OF APPEALS
    FOR THE FIRST JUDICIAL DISTRICT OF TEXASHOUSTON, TEXAS
    5/4/2015 1:44:20 PM
    HOUSTON, TEXAS             CHRISTOPHER A. PRINE
    Clerk
    DONALD B. MULLINS and BLUE SKY RIGHT OF WAY, L.L.C.
    Appellants
    v.
    MARTINEZ R.O.W., LLC f/k/a MARTINEZ INVESTMENTS
    Appellee
    Appealed from the 149th Judicial District Court
    of
    Brazoria County, Texas
    MOTION TO EXTEND DEADLINE
    TO FILE APPELLANTS’
    BRIEF
    TO THE HONORABLE FIRST COURT OF APPEALS:
    Appellants, DONALD B. MULLINS ("Mullins"), and BLUE SKY RIGHT
    OF WAY, L.L.C. (“Blue Sky”), file this Motion to Extend Deadline to File
    Appellant’s Brief, and in support thereof state as follows:
    I.     BASES FOR THE MOTION
    In the above-styled case, the Clerk’s Record was filed on April 24, 2015.
    Therefore, the Appellants’ Initial Brief is now due on May 26, 2015.
    01-015-00152-CV; Motion to Extend                                           Page 1
    Appellants have ascertained that a short Reporter’s Record exists for
    November 10, 2014, and February 10, 2015, i.e. the relevant hearing dates in the
    trial court for the orders and judgment on appeal. At this time, the court reporter is
    recording testimony for a trial, estimated to require at least one additional week,
    and has been unable to provide the cost to prepare the referenced hearing
    transcripts. Appellants will arrange for their preparation and delivery to the court
    when the cost estimate is received.
    In addition, the undersigned counsel will be out of the office and on vacation
    from May 21 – June 2, 2015. The undersigned has also filed a Harris County
    Vacation Letter that includes the weeks of June 1 – 12, 2015.
    Appellants’ Initial Brief will require detailed preparation and multiple
    references to the appellate record. Accordingly, Appellants request an extension of
    the Appellants’ initial briefing deadline through June 30, 2015, to (1) permit the
    filing of the Reporter’s Record, and (2) allow adequate time thereafter for
    preparation of Appellants’ Initial Brief.
    This motion is the Appellants’ first request to extend the initial briefing
    deadline. The parties have conferred and the motion is not opposed.
    II.   RELIEF SOUGHT
    For the foregoing reasons, Mullins and Blue Sky seek an extension of the
    filing deadline for their Initial Brief, through and including June 30, 3015.
    01-015-00152-CV; Motion to Extend                                               Page 2
    WHEREFORE, Appellants Mullins and Blue Sky pray that their motion be
    granted, and for such other and further relief as the court deems just.
    Respectfully Submitted,
    /s/ Patrick F. Timmons, Jr.
    Patrick F. Timmons, Jr.
    TBN 20049500
    8556 Katy Freeway, Suite 120
    Houston, Texas 77024-1806
    pft@timmonslawfirm.com
    (713)465-7638 telephone
    (713)465-9527 facsimile
    CERTIFICATE OF SERVICE
    As required by Texas Rule of Appellate Procedure 6.3 and 9.5(b), (d), (e), I
    certify that a true and correct copy has been delivered to Mr. David P. Boyce,
    Wright & Greenhill, P.C , 221 West 6th Street, Suite 1800, Austin, Texas 78701,
    512-476-5382, on this 4th day of May, 2015, by telecopy and electronic filing.
    /s/ Patrick F. Timmons, Jr.
    Patrick F. Timmons, Jr.
    01-015-00152-CV; Motion to Extend                                            Page 3
    

Document Info

Docket Number: 01-15-00152-CV

Filed Date: 5/4/2015

Precedential Status: Precedential

Modified Date: 9/29/2016