in the Estate of Robert L. Wright

ACCEPTED
14-14-00401-CV
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
12/23/2015 11:34:58 AM
CHRISTOPHER PRINE
CLERK
NO. 14-14-00401-CV
IN THE ESTATE § IN THE FOURTEENTH
FILED IN
14th COURT OF APPEALS
§ HOUSTON, TEXAS
OF § COURT OF12/23/2015
APPEALS 11:34:58 AM
§ CHRISTOPHER A. PRINE
Clerk
ROBERT L. WRIGHT, DECEASED § HOUSTON, TEXAS
Appellant’s Motion to Extend Time to
File Motion for En Banc Reconsideration
Pursuant to Texas Rules of Appellate Procedure 10.1(a), 10.5(b), and 49.8,
appellant Robert Russell Tautenhahn, individually and as Independent Executor of
the Estate of Robert L. Wright, requests a seven-day extension of time to file his
motion for rehearing en banc (the “motion”) on the grounds set forth below. As
indicated in the Certificate of Conference below, appellee Larry Stroman opposes this
motion.
Appellant’s motion is currently due by December 30, 2015. Appellant requests
a seven-day extension of this deadline to January 6, 2016. No previous extension of
time has been requested to file this motion.
The need for this extension is based on the following facts. This is an appeal
of a judgment from a bench trial in a probate case. There are over 400 pages of
Clerk’s Record and nearly 1200 pages of Reporter’s Record. Appellant’s request for
oral argument was denied, and the Majority and Dissenting Opinions, issued on
December 15, 2015, total 28 pages in length. The extension of time is needed to
enable appellant’s counsel to adequately analyze the Court’s Opinions, the relevant
evidence, and applicable legal authorities, and to provide a concise explanation of
appellant’s grounds for rehearing. The extension is also requested due to the
intervening Christmas Holiday and resulting diminished work schedule.
Prayer
Based on the foregoing, appellant asks the Court to grant this motion for a
seven-day extension of time to file his motion for en banc reconsideration.
Respectfully submitted,
/s/ Richard H. Edelman
Richard H. Edelman
State Bar No. 06413200
rhe@edelmanoffice.com
BARLOW JONES, L.L.P.
17225 El Camino Real, Suite 400
Houston, Texas 77058
Telephone: (281) 488-8440
Facsimile: (281) 488-6832
Barbara Epperson
State Bar No. 24036527
eppersonlaw@comcast.net
Gainey M. Johnson
State Bar No. 24064105
EPPERSON LAW FIRM, P.C.
Telephone: (281) 984-7300
Facsimile: (281) 984-7322
ATTORNEYS FOR APPELLANT
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CERTIFICATE OF CONFERENCE
In accordance with Texas Rule of Appellate Procedure 10.1(a)(5), the
undersigned counsel for appellant conferred with Veronica L. Davis, counsel for
appellee, about the merits of this motion, and appellee opposes this motion.
/s/ Richard H. Edelman
Richard H. Edelman
CERTIFICATE OF SERVICE
On December 23, 2015, this Motion was eServed on Veronica L. Davis,
counsel of record for Leroy Stroman.
/s/ Richard H. Edelman
Richard H. Edelman
rhe@edelmanoffice.com
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