League City v. Texas Windstorm Insurance Association ( 2015 )

ACCEPTED
1-15-00117
FIRST COURT OF APPEALS
HOUSTON, TEXAS
6/12/2015 4:32:43 PM
CHRISTOPHER PRINE
CLERK
No. 01-15-00117-CV
FILED IN
1st COURT OF APPEALS
IN THE FIRST COURT OF APPEALS, HOUSTONHOUSTON, TEXAS
6/12/2015 4:32:43 PM
CHRISTOPHER A. PRINE
League City, Clerk
Appellant and Cross-Appellee,
v.
Texas Windstorm Insurance Association,
Appellee and Cross-Appellant.
On Appeal from the
10th District Court at Galveston, Texas
No. 12-CV-0053
UNOPPOSED SECOND MOTION FOR EXTENSION OF TIME
TO FILE CROSS-APPELLANT’S BRIEF
Dale Wainwright
dale.wainwright@bgllp.com
State Bar No. 00000049
Lindsay E. Hagans
State Bar No. 24087651
lindsay.hagans@bgllp.com
BRACEWELL & GIULIANI LLP
111 Congress Avenue, Suite 2300
Austin, Texas 78701
Telephone: (512) 472-7800
Facsimile: (800) 404-3970
ATTORNEYS FOR CROSS-APPELLANT
TEXAS WINDSTORM INSURANCE ASSOCIATION
Pursuant to Texas Rule of Appellate Procedure 10.5(b), Cross-Appellant
Texas Windstorm Insurance Association (“TWIA”) files its Unopposed Second
Motion for extension of Time to file its brief.
TWIA’s cross-appellant brief is currently due on June 15, 2015. This is
TWIA’s second request for an extension of thirty days in which to file its brief,
which would make the cross-appellant brief due on July 15, 2015. Appellant
League City has also requested a second thirty-day extension to file its brief, which
this Court granted on June 5, 2015, making League City’s appellant brief also due
on July 15, 2015. TWIA agreed not to oppose League City’s first two requests for
extension and League City has not opposed this request.
TWIA needs a thirty-day extension of time to file its brief because it is
awaiting supplementation of both the Clerk’s record and the Court Reporter’s
record, which it will need to pursue its appellate remedies in addition to the partial
record requested and filed by League City. Also, counsel has other deadlines and
responsibilities which also demand his attention. A short, thirty-day extension of
time would allow for preparation of the brief.
This extension is not sought for delay but that justice may be done. See
TEX. R. APP. P. 10.5(b)(1)(C).
PRAYER
For these reasons, Cross-Appellant Texas Windstorm Insurance Association
prays this Court grant a thirty-day extension of time to file its brief, to and
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including July 15, 2015. Cross-Appellant also prays for such further relief to
which it may be entitled.
Respectfully submitted,
BRACEWELL & GIULIANI LLP
By:/s/ Dale Wainwright
Dale Wainwright
State Bar No. 00000049
Lindsay E. Hagans
State Bar No. 24087651
111 Congress Avenue, Suite 2300
Austin, Texas 78701
Telephone: (512) 472-7800
Facsimile: (800) 404-3970
dale.wainwright@bgllp.com
lindsay.hagans@bgllp.com
ATTORNEYS FOR CROSS-
APPELLANT TEXAS WINDSTORM
INSURANCE ASSOCIATION
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CERTIFICATE OF CONFERENCE
I certify that I have communicated by email to counsel for the Appellant
League City regarding the relief sought in this motion. Counsel for Appellant in
not opposed to this motion.
/s/ Dale Wainwright
Dale Wainwright
CERTIFICATE OF SERVICE
I certify that a copy of the Unopposed Second Motion for Extension of Time
to file Cross-Appellant’s brief was served on counsel of record through the Court’s
e-filing system on June 12, 2015, to the following:
Gregory F. Cox
Michael R. Ramsey
THE MOSTYN LAW FIRM
6280 Delaware Street
Beaumont, Texas 77706
Facsimile: (409) 832-2703
Jennifer Bruch Hogan
HOGAN & HOGAN
2 Houston Center
909 Fannin, Suite 2700
Houston, Texas 77010
Facsimile: 713-222-8810
Attorneys For Appellant and
Cross-Appellee League City
/s/ Dale Wainwright
Dale Wainwright
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