City of Sealy, Texas Mark Stolarski, Mayor And Larry Kuciemba, City Manager v. Town Park Center, LLC ( 2015 )

ACCEPTED
01-15-00929-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
11/23/2015 3:09:39 PM
CHRISTOPHER PRINE
CLERK
NO. 01-15-00929-CV
IN THE COURT OF APPEALS FILED IN
1st COURT OF APPEALS
FOR THE FIRST DISTRICT OF TEXAS HOUSTON, TEXAS
__________________________________________________________________
11/23/2015 3:09:39 PM
CHRISTOPHER A. PRINE
CITY OF SEALY, TEXAS, MARK STOLARSKI, MAYOR, andClerk
LARRY
KUCIEMBA, CITY MANAGER,
Appellants
V.
TOWN PARK CENTER, LLC,
Appellee
On Appeal from the 155th Judicial District Court of Austin County, Texas
Honorable Jeff R. Steinhauser
Trial Court Cause No. 2015V-0129
APPELLANTS’ UNOPPOSED MOTION
FOR EXTENSION OF TIME TO FILE BRIEF
TO THE HONORABLE FIRST COURT OF APPEALS:
1. The City of Sealy, Texas, Mark Stolarksi, Mayor, and Larry Kuciemba,
City Manager, Appellants file this motion asking the Court to extend the deadline for
their brief. Appellants file this unopposed motion under authority of Rules 10.5(b)
and 38.6(d) of the Texas Rules of Appellate Procedure.
2. Appellants’ brief is currently due to be filed with the Court on
November 30, 2015.
3. Appellants respectfully request a thirty-day extension of time to file
their brief on the merits.
4. This is Appellants’ first request for an extension of time to file their
brief on the merits.
5. After this appeal was filed, an event occurred that now makes it likely
that the current dispute between the parties will be resolved by agreement. As soon
as the undersigned counsel for Appellants learned of the event, he suspended work on
the Appellants’ brief in order to save his clients from incurring unnecessary expenses
in pursuing the current appeal. However, it is unlikely that the settlement will be
fully consummated prior to the current deadline for filing the Appellants’ brief.
Appellants respectfully request an extension of the deadline for filing their
Appellants’ brief in order to provide additional time for the parties to consummate a
settlement.
6. For these reasons, Appellants request an extension of the deadline for
filing their brief to December 30, 2015.
7. Counsel for Appellee, Town Park Center, LLC has been contacted and
is unopposed to the granting of this extension as set forth in the attached certificate of
conference.
WHEREFORE PREMISES CONSIDERED, Appellants respectfully
requests that this Court grant this Unopposed Motion for Extension of Time to File
Brief, and set a deadline of December 30, 2015 for filing Appellants’ brief.
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Respectfully submitted,
OLSON & OLSON, LLP
By: /s/ John J. Hightower
John J. Hightower
State Bar No. 09614200
jhightower@olsonllp.com
Eric C. Farrar
State Bar No. 24036549
efarrar@olsonllp.com
2727 Allen Parkway, Suite 600
Houston, Texas 77019
Telephone: (713) 533-3800
Facsimile: (713) 533-3888
ATTORNEYS FOR APPELLANTS,
CITY OF SEALY, TEXAS, MARK STOLARSKI,
MAYOR, AND LARRY KUCIEMBA, CITY
MANAGER
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CERTIFICATE OF CONFERENCE
I certify that I conferred with Mr. Andy Taylor, appellate counsel for Town
Park Center, LLC, on November 23, 2015, and he stated to me that he is
unopposed to the granting of this motion.
/s/ John J. Hightower
John J. Hightower
CERTIFICATE OF SERVICE
As required by Texas Rule of Appellate Procedure 6.3 and 9.5(b), (d), (e), I
certify that I have served this document on all other parties to this appeal, through
their respective counsel of record, on November 23, 2015, as follows:
ATTORNEYS FOR APPELLEE,
TOWN PARK CENTER, LLC
Andy Taylor Via electronic service
ANDY TAYLOR & ASSOCIATES, PC
2668 Highway 36S
Brenham, Texas 77833
ataylor@andytaylorlaw.com
/s/ John J. Hightower
John J. Hightower
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