Harris County, Texas v. Gerald Knapp and Narciso Aurioles ( 2015 )


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  •                                                                                              ACCEPTED
    01-15-00052-CV
    FIRST COURT OF APPEALS
    HOUSTON, TEXAS
    5/6/2015 11:07:03 AM
    CHRISTOPHER PRINE
    CLERK
    NO. 01-15-00052-CV
    FILED IN
    IN THE COURT OF APPEALS                 1st COURT OF APPEALS
    FOR THE FIRST DISTRICT                     HOUSTON, TEXAS
    OF TEXAS AT HOUSTON                   5/6/2015 11:07:03 AM
    CHRISTOPHER A. PRINE
    Clerk
    HARRIS COUNTY, TEXAS,
    Appellant
    v.
    GERALD KNAPP & NARCISO AURIOLES,
    Appellees
    On Appeal from the 333rd Judicial District
    Court of Harris County, Texas
    Trial Court Cause No. 2012-20003
    HARRIS COUNTY’S SECOND UNOPPOSED MOTION TO EXTEND
    TIME IN WHICH TO FILE ITS BRIEF
    TO THE HONORABLE COURT OF APPEALS:
    Appellant, Harris County, Texas (the “County”), respectfully requests the
    Court to extend the time in which to file its Appellant’s Brief in this cause under
    the authority of Rule 38.6(d) of the Texas Rules of Appellate Procedure, and in
    support of this motion it would show this Court the following:
    1.    This is the Appellant’s second request for an extension of time to file
    its brief.
    2.    The Appellant’s Brief was due on April 20, 2015. This is not an
    accelerated or preferential appeal.
    1
    3.    The County is requesting an extension of thirty (30) days. A thirty-
    day extension would make the Appellant’s Brief due on May 20, 2015.
    4.    The undersigned has conferred with Mr. Lannie and Mr. Cersonsky,
    counsel for Appellees. Mr. Lannie is unopposed to this motion on the merits. Mr.
    Cersonsky is unopposed to this motion on the merits.
    5.    Counsel for the County has been dealing with a particularly high
    volume of cases over the past few months. Moreover, Counsel for the County
    missed nearly a week of the last briefing deadline due to sickness.         Finally,
    Counsel for the County has begun researching the issues in this appeal, but has
    discovered several issues need research and possible briefing that he did not
    anticipate. That discovery has delayed the research and briefing process.
    6.    Counsel for the County requests this extension because he needs more
    time to adequately brief the issues raised in this appeal.       The undersigned
    understands the importance of deadlines and is not requesting this extension for
    reasons of delay.
    2
    WHEREFORE, PREMISES CONSIDERED, the County respectfully
    requests the Court to extend the time for filing its Appellant’s Brief in this cause by
    thirty days, or until May 20, 2015.
    Respectfully submitted,
    /s/ Michael R. Hull
    OF COUNSEL:                                MICHAEL R. HULL
    VINCE RYAN                                 Senior Assistant County Attorney
    SBN: 24003733
    County Attorney                            1019 Congress, 15th Floor
    Harris County, Texas                       Houston, Texas 77002
    (713) 274-5138 (telephone)
    (713) 755-8828 (facsimile)
    michael.hull@cao.hctx.net (e-mail)
    ATTORNEY FOR APPELLANT
    HARRIS COUNTY, TEXAS
    3
    CERTIFICATE OF CONFERENCE
    Pursuant to TEX. R. APP. P. 10.1(5), this is to certify that the undersigned
    attorney has conferred with Counsel for Appellees, Mr. Scott Lannie and Mr.
    James Cersonsky. Mr. Lannie is unopposed to this motion on the merits. Mr.
    Cersonsky is unopposed to this motion on the merits.
    /s/ Michael R. Hull
    MICHAEL R. HULL
    Sr. Assistant County Attorney
    4
    CERTIFICATE OF SERVICE
    I hereby certify that on this 6th day of May, 2015, a true and correct copy of
    the foregoing Harris County’s Second Unopposed Motion to Extend Time in which
    to File its Brief was served via electronic service, on the following:
    Attorney for Plaintiff Knapp
    Scott C. Lannie
    LAW OFFICES OF SCOTT C. LANNIE, P.C.
    4000 Garth Road, Suite 150
    Baytown, Texas 77521
    (281) 303-8280 (facsimile)
    sclannie@aol.com
    Attorney for Defendant Aurioles
    James A. Cersonsky
    SOULE, BALDWIN & FANAFF
    11200 Richmond, Suite 250
    Houston, Texas 77082
    (281) 752-6329 (facsimile)
    /s/ Michael R. Hull
    MICHAEL R. HULL
    Sr. Assistant County Attorney
    5
    

Document Info

Docket Number: 01-15-00052-CV

Filed Date: 5/6/2015

Precedential Status: Precedential

Modified Date: 9/29/2016