The opinion
ACCEPTED
03-15-00464-CV
7222978
THIRD COURT OF APPEALS
AUSTIN, TEXAS
October 5, 2015 10/5/2015 10:42:59 AM
JEFFREY D. KYLE
CLERK
NO. 03-15-00464-CV
__________________________________________________
RECEIVED IN
3rd COURT OF APPEALS
IN THE COURT OF APPEALS AUSTIN, TEXAS
THIRD JUDICIAL DISTRICT OF TEXAS10/5/2015 10:42:59 AM
AT AUSTIN JEFFREY D. KYLE
________________________________________________Clerk
VICTORY CHEVAL HOLDINGS, LLC, GARRETT JENNINGS
AND CASTLE CROWN MANAGEMENT, LLC,
Appellants
v.
DENNIS ANTOLIK, VICTOR ANTOLIK
and CHEVAL MANOR, INC.,
Appellees
APPELLEES’ AGREED MOTION TO EXTEND
DEADLINE TO FILE APPELLEES’ BRIEF
TO THE HONORABLE THIRD COURT OF APPEALS:
Appellees Victor Antolik, Dennis Antolik, and Cheval Manor, Inc.
(“Appellees”) file this agreed motion to extend their deadline to file Appellees’
brief.
This is an interlocutory appeal of a temporary injunction. See Tex. Civ.
Prac. & Rem. Code § 51.014(a)(4). Under Texas Rule of Appellate Procedure
(“TRAP”) 28.1, interlocutory appeals allowed by statute are deemed accelerated
appeals. Under TRAP 38.6 and Local Appellate Rule 57, the deadline to file the
8590-02/00537370.000
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appellee’s brief in an accelerated appeal is twenty (20) days after the filing of the
appellant’s brief. Hence, Appellees’ brief is due by October 6, 2015, which is
twenty (20) days after Appellants Victory Cheval Holdings, LLC, Garrett Jennings,
and Castle Crown Management, LLC (“Appellants”) filed their brief on September
16, 2015 after receiving an extension from this Court.
On September 28, 2015, Appellants’ counsel agreed to extend Appellees’
deadline to file their brief until October 20, 2015. The following day, the parties
attended mediation. Although no settlement was reached, the parties have agreed
on a general framework that they hope will result in a final resolution of all
disputes between the parties, including this appeal. The parties are continuing to
negotiate the final points of an agreement, and, in the meantime, they have agreed
to continue the hearing on their cross-motions for contempt and have requested an
extension of their deadline to file supplemental clerk’s and reporter’s records with
this Court. An extension of Appellee’s briefing deadline will save Appellees time
and expense preparing a brief that they hope will be unnecessary once the parties’
settlement is finalized.
PRAYER
Accordingly, Appellees Victor Antolik, Dennis Antolik, and Cheval Manor,
Inc. respectfully request that the Court extend their deadline to file Appellees’ brief
until October 20, 2015.
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Respectfully submitted,
TAUBE SUMMERS HARRISON
TAYLOR MEINZER BROWN LLP
By: /s/ Cleveland R. Burke
Mark C. Taylor
State Bar No. 19713225
Cleveland R. Burke
State Bar No. 24064975
100 Congress Avenue, 18th Floor
Austin, Texas 78701
(512) 472-5997
(512) 472-5248 (FAX)
mtaylor@taubesummers.com
cburke@taubesummers.com
ATTORNEYS FOR APPELLEES
DENNIS ANTOLIK AND
CHEVAL MANOR, INC.
And
By: /s/ Jack P. Bacon
JACK P. BACON
State Bar No. 01494400
3839 Bee Caves Road, Suite 100
Austin, Texas 78746
(512) 914-8619
(512) 480-8170 (FAX)
hotbacon@me.com
ATTORNEY FOR APPELLEE
VICTOR ANTOLIK
8590-02/00537370.000
3
CERTIFICATE OF CONFERENCE
I hereby certify that, on September 28, 2015, Appellees’ attorney Mark
Taylor conferred via email with Appellants’ attorneys Kemp Gorthey and Peyton
Smith. Mr. Gorthey agreed to the relief sought in this motion on behalf of
Appellants.
/s/ Cleveland R. Burke
Cleveland R. Burke
CERTIFICATE OF SERVICE
I hereby certify that the counsel listed below were served with a true and
correct copy of the foregoing motion via eFile.TXCourts.gov on October 5, 2015:
Kemp Gorthey Donald R. Taylor
The Gorthey Law Firm Isabelle M. Antongiorgi
604 W. 12th Street Taylor, Dunham & Rodriguez, LLP
Austin, Texas 78701 301 Congress Avenue, Suite 1050
kemp@gortheylaw.com Austin, Texas 78701
Counsel for Appellants Garrett Jennings dtaylor@taylordunham.com
and Castle Crown Management, LLC ima@taylordunham.com
Former counsel for Appellee
Victor Antolik
Peyton N. Smith
Brian L. King
Reed & Scardino LLP
301 Congress Avenue, Suite 1250
Austin, Texas 78701
psmith@reedscardino.com
bking@reedscardino.com
Counsel for Appellant
Victory Cheval Holdings, LLC
/s/ Cleveland R. Burke
Cleveland R. Burke
8590-02/00537370.000
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