Randy Coleman and Jim Coleman Company v. Ralph Dean ( 2015 )

ACCEPTED
04-14-00811-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
5/28/2015 3:52:03 PM
KEITH HOTTLE
CLERK
04-14-00811-CV
IN THE COURT OF APPEALS
FOURTH DISTRICT FILED IN
4th COURT OF APPEALS
SAN ANTONIO SAN ANTONIO, TEXAS
05/28/2015 3:52:03 PM
KEITH E. HOTTLE
RANDY COLEMAN Clerk
AND JIM COLEMAN COMPANY,
Appellants
V.
RALPH DEAN,
Appellee
FIRST UNOPPOSED MOTION FOR EXTENSION
OF TIME TO FILE APPELLEE’S BRIEF
TO THE HONORABLE COURT OF APPEALS:
Ralph Dean, Appellee in the above-entitled and numbered cause, files this his
First Unopposed Motion for Extension of Time to File Appellee’s Brief and in
support thereof would respectfully show the Court as follows:
1. The Clerk’s Record in this cause was filed on December 22, 2014, while
the Reporter’s Record was filed on January 30, 2015. Following two unopposed
extensions of time, Appellant Randy Coleman filed his Brief on April 29, 2015, and
Appellant Jim Coleman Company filed its Brief on May 1, 2015, making Appellee’s
Briefs currently due on May 29, 2015, and June 1, 2015.
04-14-00811-CV 1st Unopposed MET
Coleman v Dean Page 1 of 5 to File Appellee’s Brief
2. This is Appellee’s first motion for extension of time and no extensions
have previously been granted with respect to Appellee’s Brief(s). Appellee is
requesting thirty (30) additional days from the later of the current two deadlines to
file his Brief(s), which would make Appellee’s Brief(s) due July 1, 2015.
3. This is a restricted appeal as to Appellant Randy Coleman.
4. Appellee is requesting a 30-day extension for the following reasons:
appellate counsel for Appellee, Frank Weathered, was out of town May 7 through
May 9 on personal business with his wife; on May 12 Mr. Weathered was out of the
office for a premises inspection and on May 14 Mr. Weathered attended an oral
deposition for most of the day in Case No. 2:15-CV-00097, Cottens Barbeque, Inc.
v. Cottens Catering Company, LLC, In the U.S. District Court for the Southern
District of Texas, Corpus Christi Division; the week of May 18, Mr. Weathered
assisted in the preparation of the Reply Brief of Garnishees-Appellants in Case
No. 14-20619, Alberto Licea, et al. v. Curacao Drydock Co., Inc. v. Formosa Plastics
Marine Corp., et al., In the U.S. Court of Appeals for the Fifth Circuit;
Mr. Weathered was out of the office for the Memorial Day holiday on May 25 and
to celebrate his May 26 birthday; and Mr. Weathered is currently preparing for a two-
day final hearing in No. S-11-6094-CV-B, Mary Odem, et al. v. Dennis Berry, et al.,
In the 156th Judicial District Court, San Patricio County, Texas.
04-14-00811-CV 1st Unopposed MET
Coleman v Dean Page 2 of 5 to File Appellee’s Brief
5. This extension request is not for delay but that justice be done.
6. Mr. Paul R. Lawrence, counsel for Appellants Randy Coleman and Jim
Coleman Company, has been consulted regarding this motion and he has indicated
that Appellants do not oppose this request.
WHEREFORE, PREMISES CONSIDERED, Appellee Ralph Dean prays that
the Court grant this motion and extend the time for filing Appellee’s Brief to July 1,
2015. Appellee prays for such other and further relief to which he may be entitled.
Respectfully submitted,
DUNN WEATHERED COFFEY
RIVERA & KASPERITIS, PC
611 South Upper Broadway
Corpus Christi, Texas 78401
TEL: 361.883.1594
FAX: 361.883.1599
EMAIL: frank@weatheredlaw.com
BY /s/ Frank Weathered
Frank Weathered
Texas State Bar No. 20998600
ATTORNEY-IN-CHARGE FOR
APPELLEE RALPH DEAN
04-14-00811-CV 1st Unopposed MET
Coleman v Dean Page 3 of 5 to File Appellee’s Brief
Of Counsel:
Charles C. Webb, Jr.
Texas State Bar No. 21039500
Parker S. Webb
Texas State Bar No. 24085648
WEBB CASON, PC
710 North Mesquite Street
Corpus Christi, Texas 78401-2312
TEL: 361.887.1031
FAX: 361.887.0903
EMAIL: charlie@wcctxlaw.com
EMAIL: parker@wcctxlaw.com
J. Michael Guerra
Texas State Bar No. 08581310
LAW OFFICE OF J. MICHAEL GUERRA
1600 E. Main Street, Suite 227
P.O. Box 1968
Alice, Texas 78333
TEL: 361.668.7344
FAX: 361.664.1003
EMAIL: jmguerra14@gmail.com
04-14-00811-CV 1st Unopposed MET
Coleman v Dean Page 4 of 5 to File Appellee’s Brief
CERTIFICATE OF SERVICE
This is to certify that on MAY 28, 2015, this document was electronically filed
pursuant to TEX. R. CIV. P. 21(f)(1) and a true and correct copy was served on counsel
of record listed below through the electronic filing manager if the email address is on
file with the electronic filing manager, pursuant to TEX. R. CIV. P. 21a(a)(1). If the
email address of any attorney listed below is not on file with the electronic filing
manager, a true and correct copy of this document was served pursuant to TEX. R.
CIV. P. 21a(a)(2).
/s/ Frank Weathered
Frank Weathered
Mr. Paul R. Lawrence
LAWRENCE & BACA, PLLC
2180 North Loop West, Suite 510
Houston, Texas 77018
FAX: 713.864.0179
EMAIL: prlawrence@lbandd.com
Attorney for Appellants
04-14-00811-CV 1st Unopposed MET
Coleman v Dean Page 5 of 5 to File Appellee’s Brief