ACCEPTED
12-13-00393-CV
TWELFTH COURT OF APPEALS
TYLER, TEXAS
1/21/2015 5:39:55 PM
CATHY LUSK
CLERK
NO. 12-13-00393-CV
__________________________________ FILED IN
12th COURT OF APPEALS
IN THE COURT OF APPEALS TYLER, TEXAS
FOR THE TWELFTH DISTRICT 1/21/2015 5:39:55 PM
CATHY S. LUSK
OF TEXAS AT TYLER Clerk
__________________________________
Valerus Compression Services, a Texas Limited Partnership, Valerus Compression
Services Management, LLC, a Texas Limited Liability Company, General Partner,
Appellant/Cross-Appellee,
v.
Gregg County Appraisal District,
Appellee/Cross-Appellant.
__________________________________
UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE
APPELLANT/CROSS-APPELLEE’S MOTION FOR REHEARING
__________________________________
Appeal from the 188th Judicial District Court of Gregg County, Texas
Trial Court No. 2012-1791-A
__________________________________
TO THE HONORABLE COURT OF APPEALS:
Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 49.8,
Appellant/Cross-Appellee Valerus Compression Services, LP, a Texas Limited
Partnership, Valerus Compression Services Management, LLC, a Texas Limited
Liability Company (“Valerus”), moves this Honorable Court for a 14-day
extension of time to file their Motion for Rehearing. In support thereof, Valerus
would respectfully show this Court as follows:
1. This is an appeal concerning the applicability and constitutionality of
two provisions of the Texas Tax Code. After full briefing and oral argument, this
Court rendered its judgment and opinion on January 7, 2015, reversing part of the
trial court’s judgment on an issue that had previously been resolved in Valerus’s
favor. This Court then remanded the case back to the trial court for further
proceedings. Under Texas Rule of Appellate Procedure 49.1, Valerus’s Motion for
Rehearing is presently due 15 days from issuance of this Court’s judgment—i.e.,
Thursday, January 22, 2015.
2. Pursuant to Texas Rule of Appellate Procedure 49.8—under which
“[a] court of appeals may extend the time for filing a motion for rehearing … if a
party files a motion complying with Rule 10.5(b) no later than 15 days after the
last date for filing the motion”—Valerus hereby seeks a 14-day extension to file
its Motion for Rehearing, such that the Motion will be due on Thursday,
February 5, 2015.
3. This is Valerus’s first request for an extension of time to file their
Motion for Rehearing.
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4. To provide a reasonable explanation of the need for this extension,
Valerus would show the Court that they had/have the following deadlines and
obligations, in addition to other ongoing work on trials and appeals:
a. A hearing on a pro bono motion to modify a final decree of divorce
in In the Interest of Ulises Chavez and Josue Chavez, Children,
No. 6660, in the 31st Judicial District Court in Wheeler County,
Texas on January 8, 2015;
b. A hearing on a motion for recognition of a foreign country
judgment in Lotte Chemical Titan (M) Sendirian Berhad v. Wilder,
No. 2014-16260, in the 157th Judicial District in Harris County,
Texas on January 23, 2015;
c. A motion for protection (and petition for writ of mandamus
relating thereto) in Moncrief Oil Intl. v. OAO Gazprom, et al., No.
017-229664-08, in the 17th Judicial District in Tarrant County,
Texas due on January 21, 2015.
d. An ongoing arbitration between Occidental Petroleum Corporation
and Texas Brine.
5. This motion is not being filed for purposes of delay, but rather so that
justice may be done. The additional time is necessary to analyze the record and to
select and refine the arguments to be presented in Valerus’s Motion for Rehearing.
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6. Valerus has conferred with opposing counsel, and Appellee/Cross-
Appellant Gregg County Appraisal District is unopposed to the relief sought in this
motion.
WHEREFORE, Appellant/Cross-Appellee Valerus Compression Services,
LP, a Texas Limited Partnership, Valerus Compression Services Management,
LLC, a Texas Limited Liability Company, request that this Court grant it a 14-day
extension of time to file its Motion for Rehearing, making its Motion for Rehearing
due on Thursday, February 5, 2015. Valerus prays for such other and further relief
to which it may be justly entitled.
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Respectfully submitted,
VINSON & ELKINS L.L.P.
/s/ Conor P. McEvily
Gwendolyn J. Samora
Texas Bar No. 00784899
Patrick W. Mizell
Texas Bar No. 14233980
Russell T. Gips
Texas Bar No. 24069788
Conor P. McEvily
Texas Bar No. 24078970
1001 Fannin Street, Suite 2500
Houston, Texas 77002-6760
Telephone: 713.758.2942
Facsimile: 713.615.5214
Email: gsamora@velaw.com
ATTORNEYS FOR APPELLANT,
VALERUS COMPRESSION
SERVICES, LP, A TEXAS
LIMITED PARTNERSHIP,
VALERUS COMPRESSION
SERVICES MANAGEMENT,
LLC, A TEXAS LIMITED
LIABILITY COMPANY
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CERTIFICATE OF CONFERENCE
I certify that I conferred with counsel for Appellee/Cross-Appellant Gregg
County Appraisal District on January 20, 2015, and Appellee/Cross-Appellant is
unopposed to the relief requested in this Motion for Extension of Time to File
Appellant’s Motion for Rehearing.
/s/ Conor P. McEvily
Conor P. McEvily
CERTIFICATE OF SERVICE
The undersigned certifies that on January 21, 2015, the foregoing Motion for
Extension of Time to File Appellant’s Motion for Rehearing was served on the
following in the manner indicated:
Christopher S. Jackson
Robert A. Mott
PERDUE, BRANDON, FIELDER, COLLINS & MOTT, LLP
3301 Northland Dr., Suite 505
Austin, Texas 78731
Telephone: (512) 302-0190
Facsimile: (512) 323-6963
Email: rmott@pbfcm.com
cjackson@bpfcm.com
Via electronic mail
/s/ Conor P. McEvily
Conor P. McEvily
US 2757058v.1
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Valerus Compression Services, a Texas Limited Partnership and Valerus Compression Services Management, LLC, a Texas Limited Liability Company, General Partner, Appellant/Cross-Appellee v. Gregg County Appraisal District, Appellee/Cross-Appellant
Combined Opinion