Roger Greenfield and Ted Kasemir v. Lower Oak Lawn Investment, L.P. ( 2015 )

ACCEPTED 15-15-00900-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 11/4/2015 1:48:00 PM LISA MATZ CLERK No. 15-15-00900-CV FILED IN 5th COURT OF APPEALS IN THE COURT OF APPEALS FOR THE DALLAS, TEXAS FIFTH DISTRICT OF TEXAS 11/4/2015 1:48:00 PM DALLAS, TEXAS LISA MATZ Clerk ROGER GREENFIELD AND TED KASEMIR Appellants, v. LOWER OAK LAWN INVESTMENT, L.P. Appellee. Appeal from the 162nd Judicial District Court, Dallas County Trial Court Cause No. DC-14-10307 The Honorable Phyllis Lister Brown, Presiding UNOPPOSED FIRST MOTION TO EXTEND TIME TO FILE APPELLEE BRIEF TO THE HONORABLE COURT OF APPEALS: Appellee Lower Oak Lawn Investment, L.P. (“Appellee”) files this motion pursuant to Texas Rule of Appellate Procedure 10.5(b) seeking an additional thirty days to file its Appellee’s Brief in response to the Brief of Appellants. In support thereof, Appellee states the following: A. Introduction 1. Appellee’s Brief in response to the Appellants’ Brief is due on November 4, 2015. Appellee seeks a thirty-day extension to file its Appellee’s Brief on or before December 4, 2015. This is Appellee’s first request for an extension for this brief and the extension is unopposed by the Appellants. B. Arguments & Authorities 2. Texas Rules of Appellate Procedure provide in Rule 38.6(d): On motion complying with Rule 10.5(b), the appellate court may extend the time for filing a brief and may postpone submission of the case. A motion to extend the time to file a brief may be filed before or after the date the brief is due. … 3. Appellee seeks this extension as the parties attempt to facilitate a resolution and eliminate the need for this appeal. 4. Appellee’s counsel has contacted Appellants’ counsel; this motion is unopposed. This extension of time is not sought solely for the purpose of delay, but so that justice may be done. C. Conclusion 5. Appellee respectfully requests that the Court grant its first request for extension of time to file Appellee’s Brief and order that the deadline to file Appellee’s Brief is extended to December 4, 2015. 2 DATED: November 4, 2015 Respectfully submitted, /s/ Laurie G. Flood John T. Gerhart, Jr. State Bar No. 00784122 e-mail: jgerhart@hunton.com Laurie G. Flood State Bar No. 24032056 e-mail: lflood@hunton.com Hunton & Williams LLP 1445 Ross Avenue, Suite 3700 Dallas, Texas 75202 Telephone: 214|979-3000 Telecopier: 214|880-0011 Counsel for Appellees CERTIFICATE OF CONFERENCE Counsel for Appellee spoke with Christopher K. Chapaneri, counsel for Appellant, and Mr. Chapaneri indicated that Appellants do not oppose the relief sought in this motion. /s/ Laurie G. Flood Laurie G. Flood CERTIFICATE OF SERVICE The undersigned counsel certifies that on the 4th day of November, 2015, a true and correct copy of the foregoing was forwarded to the following counsel electronically via the electronic filing system and email in accordance with Texas Rule of Appellate Procedure 9.5. 3 William L. Wolf State Bar No. 21854500 Christopher K. Chapaneri State Bar No. 24065032 cchapaneri@wolf-law.com Wolf & Henderson, P.C. 4309 Irving Avenue, Suite 200 Dallas, Texas 75219 Telephone: 214|750-1395 Telecopier: 214|368-1395 Counsel for Appellants /s/ Laurie G. Flood Laurie G. Flood 4