The opinion
ACCEPTED
01-14-00888-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
4/29/2015 8:02:04 AM
CHRISTOPHER PRINE
CLERK
NO. 01-14-00888-CV
__________________________________________________________________
FILED IN
1st COURT OF APPEALS
IN THE COURT OF APPEALS HOUSTON, TEXAS
FOR THE FIRST DISTRICT OF TEXAS 4/29/2015 8:02:04 AM
HOUSTON, TEXAS CHRISTOPHER A. PRINE
Clerk
__________________________________________________________________
GLEN SUMNER,
Appellant
V.
BOARD OF ADJUSTMENTS OF THE CITY OF SPRING VALLEY VILLAGE,
TEXAS, THE CITY OF SPRING VALLEY VILLAGE, TEXAS, ART FLORES,
RICHARD R. ROCKENBAUGH AND BETTY LUSK,
Appellee
__________________________________________________________________
On Appeal from the 164th Judicial District Court of Harris County, Texas
Trial Court Cause No. 2010-45239
Hon. Alexandra Smoots-Hogan Presiding
APPELLEES’ UNOPPOSED MOTION
TO EXTEND TIME TO FILE APPELLEES’ BRIEF
TO THE HONORABLE FIRST COURT OF APPEALS:
Pursuant to Rules 10.5(b), 38.2, and 38.6 of the Texas Rules of Appellate
Procedure, Appellees, Board of Adjustments of the City of Spring Valley Village,
Texas, the City of Spring Valley Village, Texas, Art Flores, Richard R.
Rockenbaugh, and Betty Lusk, file this Unopposed Motion to Extend Time to File
Appellees’ Brief, and in support thereof would respectfully show the following:
A. On November 3, 2014, Appellant’s Notice of Appeal was received by
this Court. The parties agreed to mediation which was unsuccessful. Appellant filed
his Brief on March 5, 2013. Appellees file a Motion to Extend Time to File
Appellees’ Brief. Appellees’ Motion was granted and Appellees’ Brief is now due to
be filed on or before May 6, 2015.
B. Appellees request a thirty (30) day extension of time to file its Brief,
which, if granted, would make the Appellees’ Brief due on or before Friday, June 5,
2015.
C. The undersigned has been preparing Appellees’ Brief, but will not be
able to adequately complete the Response by May 6, 2015. The undersigned is and
recently has been involved in a number of significant hearings in the trial courts,
discovery matters, trial preparations, and drafting and responding to motions.
Additionally, the undersigned is assigned to trial on May 6, 2015.
D. In light of these matters, this extension is requested through Friday, June
5, 2015, in order to allow Appellees’ counsel sufficient time to complete the Brief.
Counsel for Appellees will provide additional reasons for this request to the Court, if
helpful.
E. This is Appellees’ second request for an extension of time to file its
Brief.
Appellees’ Motion to Extend
No. 01-14-00888-CV 2
F. Counsel for Appellant has been contacted and is not opposed to this
request, as set forth in the certificate of conference.
WHEREFORE, PREMISES CONSIDERED, Appellees respectfully request
that this Court grant this Unopposed Motion to Extend Time for filing Appellees’
Brief, and set the deadline for filing the Brief on Friday, June 5, 2015.
Respectfully submitted:
By: /s/ Andrea Chan
Andrea Chan
State Bar No. 04086600
achan@olsonllp.com
Scott Bounds
State Bar No. 02706000
sbounds@olsonllp.com
Wortham Tower, Suite 600
2727 Allen Parkway
Houston, Texas 77019
Telephone: (713) 533-3800
Facsimile: (713) 533-3888
ATTORNEYS FOR APPELLEES
CERTIFICATE OF CONFERENCE
Appellees’ counsel contacted counsel for Appellant on April 28, 2015, and
counsel is unopposed to this request to extend time for Appellees to file its Motion
for Rehearing.
/s/ Andrea Chan
Andrea Chan
Appellees’ Motion to Extend
No. 01-14-00888-CV 3
CERTIFICATE OF SERVICE
I hereby certify that on the 29th day of April 2015, a true and correct copy of
the foregoing Appellees’ Unopposed Motion to Extend Time to File Appellees’
Brief was served by e-service on counsel for Appellant: J. Daniel Long, Elizabeth
Harris, Crady, Jewett & McCulley, LLP, 2727 Allen Parkway, Suite 1700,
Houston, Texas 77019.
/s/ Andrea Chan
Andrea Chan
Appellees’ Motion to Extend
No. 01-14-00888-CV 4