# the City of Friendswood and Kevin Holland v. Paul and Carolyn Horn, Mike and Lucy Stacy, Pete and Judy Garcia and Janice Frankie > Texas Court of Appeals, 1st District (Houston) · June 30, 2015 URL: https://www.frixlaw.com/law-library/cases/4058703 ## Case - **Court:** Texas Court of Appeals, 1st District (Houston) - **Decided:** June 30, 2015 - **Precedential status:** Published - **Opinion:** Opinion - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4058703 ## Opinion text ACCEPTED 01-15-00436-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 6/30/2015 11:02:24 AM CHRISTOPHER PRINE CLERK NO. 01-15-00436-CV ______________________________________ IN THE COURT OF APPEALS FILED IN 1st COURT OF APPEALS FIRST JUDICIAL DISTRICT HOUSTON, TEXAS HOUSTON, TEXAS 6/30/2015 11:02:24 AM CHRISTOPHER A. PRINE ______________________________________ Clerk THE CITY OF FRIENDSWOOD AND KEVIN HOLLAND, Appellants, v. PAUL AND CAROLYN HORN, MIKE AND LUCY STACY, PETE AND JUDY GARCIA AND JANICE FRANKIE Appellees. ______________________________________ On Appeal from the 212th Judicial District Court of Galveston County, Texas Trial Court No. 14-CV-0490 ______________________________________ APPELLANTS, CITY OF FRIENDSWOOD’S AND KEVIN HOLLAND’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ BRIEF ______________________________________ TO THE HONORABLE FIRST COURT OF APPEALS: Appellants, City of Friendswood and Kevin Holland, pursuant to Texas Rules of Appellate Procedure 38.6(d) and 10.5(b), request this Court to extend the time to file its Appellants’ brief in this cause for fourteen (14) days, until July 15, 2015 and would show as follows: CERTIFICATE OF CONFERENCE Appellants’ counsel conferred with Appellees’ counsel, James T. Sunosky, on June 30, 2015. Appellees stated they are unopposed to the extension Appellants request herein. REQUEST FOR EXTENSION 1. On April 20, 2015, the 212th Judicial District Court of Galveston County, Texas, signed an Order denying City of Friendswood, Texas’s Plea to the Jurisdiction and Motion to Dismiss in Cause Number 14-cv-0490; Paul and Carolyn Horn, Mike and Lucy Stacy, Pete and Judy Garcia and Jancie Frankie v. The City of Friendswood and Mayor Kevin M. Holland. 2. Appellants filed a timely notice of interlocutory appeal on or about May 8, 2015. The clerk’s record was filed on May 15, 2015. 3. On June 11, 2015 the First District Court of Appeals issued the deadline for Appellants to file their brief, on or before July 1, 2015. 4. Appellants’ ask for an extension of fourteen days to file their brief which, with the extension, would be due on July 15, 2015.1 No prior extensions have been granted. The extension is needed due to counsel for Appellants’ heavy trial schedule and otherwise heavy docket in late May and throughout June, and out of state travel for many days during the past month. 1 Appellants’ previously requested an extension based upon a misunderstanding as to the deadline for their brief. That motion was denied as moot. 2 5. Appellants have been diligently undertaking preparation of their brief which addresses the numerous claims and theories pled by Appellees. However, as a result of these conflicting obligations and others, Appellants need additional time to file their brief. Accordingly, Appellants respectfully request an extension of time to file Appellants’ brief up to, and including, July 15, 2015. 8. Appellants seek this extension not for delay, but to allow counsel sufficient time to prepare a concise brief to assist with the Court’s decision making based on a known clerk’s record. Appellants do not foresee the need for any additional extensions. PRAYER For the reasons above Appellants, City of Friendswood and Kevin Holland, pray that the Court grant their unopposed motion and extend the time to file their brief by fourteen (14) days, up to and including, Wednesday, July 15, 2015. 3 Respectfully submitted, /s/ Charles T. Jeremiah William S. Helfand Attorney-in-Charge SBOT No. 09388250 bill.helfand@chamberlainlaw.com Charles T. Jeremiah SBOT No. 00784338 charles.jeremiah@chamberlainlaw.com ATTORNEYS FOR APPELLANTS OF COUNSEL: CHAMBERLAIN, HRDLICKA, WHITE, WILLIAMS & AUGHTRY 1200 Smith Street, Suite 1400 Houston, Texas 77002-4401 (713) 654-9630 (713) 658-2553 (Fax) CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Appellants’ Motion for Leave to Extend Time to File Appellants’ Brief has been served via CM/ECF System and/or by certified mail, return receipt requested, on this 30th day of June, 2015 to: Aaron Pool James T. Sunosky Donato Minx Brown & Pool, PC 3200 Southwest Freeway, Suite 2300 Houston, Texas 77027 /s/ Charles T. Jeremiah 4 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4058703. Public record. Not legal advice.