ACCEPTED
04-14-00651-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
1/14/2015 5:14:07 PM
KEITH HOTTLE
CLERK
NO. 04-14-00651-CV
FILED IN
IN THE COURT OF APPEALS 4th COURT OF APPEALS
FOURTH COURT OF APPEALS DISTRICTSAN ANTONIO, TEXAS
SAN ANTONIO, TEXAS 01/14/2015 5:14:07 PM
KEITH E. HOTTLE
Clerk
PHILIP WAYNE HINDES AND MELINDA HINDES EUSTACE,
Appellants
v.
LA SALLE COUNTY, TEXAS, HON. JOEL RODRIGUEZ, JR., IN HIS OFFICIAL CAPACITY
AS COUNTY JUDGE, LA SALLE COUNTY, TEXAS, AND HON. RAUL AYALA, IN HIS
OFFICIAL CAPACITY AS COUNTY COMMISSIONER, PRECINCT 4, LA SALLE COUNTY,
TEXAS.
Appellees
ON APPEAL FROM THE 81ST DISTRICT COURT, LA SALLE COUNTY, TEXAS
HONORABLE DICK ALCALA PRESIDING
CAUSE NO. 12-09-00179-CVL
APPELLEES’ SECOND UNOPPOSED
MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ BRIEF
TO THE HONORABLE FOURTH COURT OF APPEALS:
Appellees respectfully present this second unopposed motion to extend the
time in which to file their Appellees’ Brief pursuant to Texas Rule of Appellate
Procedure 38.6. In support of this motion, Appellees would show the Court as
follows:
Appellees’ Second Unopposed Motion for Extension of Time to File Appellees’ Brief Page 1
I.
Appellees’ principal brief is currently due on January 22, 2015. Because of the
events and matters described more fully below, Appellees request an extension of an
additional two weeks in which to file the Appellees’ brief or until February 5, 2015.
II.
The requested extension is necessary because, in addition to managing his
normal caseload, the following unexpected matters have prevented the undersigned
from completing the Appellees’ Brief and will likely preclude the undersigned from
doing so sooner than February 5, 2015:
1. On December 29, 2014, because of the serious illness of one of his law
partners, the undersigned was asked to assume responsibility as lead
litigation counsel for Plaintiff in Cause No. 12-0921 styled Wimberley
Springs Partners, Ltd. v. Woodcreek Property Owners Association of
Hays County, Inc., Sue Csejka, Janelle Delaney, Merry Merian, Diane
Susan Percell, Glynn Schanen and Liz Sumter pending in the District
Court of Hays County, Texas, 428th Judicial District. Numerous motions
were pending in the case, including an application for injunctive relief, a
motion to compel and for sanctions, a motion to stay, a motion to compel
mediation, and special exceptions, all of which were set for January 7,
2015. At the time the undersigned agreed to take over as lead litigation
Appellees’ Second Unopposed Motion for Extension of Time to File Appellees’ Brief Page 2
counsel, it was not anticipated that it would impact his ability to prepare
Appellees’ brief in this matter.
2. During the injunction portion of the January 7th hearing, counsel for the
party seeking relief announced that his client was withdrawing the
application for injunctive relief without prejudice to reasserting it in the
future. Yesterday, the undersigned was notified that the application for
injunctive relief had been reset for tomorrow, January 15, 2015.
3. Additionally, in the same case, the undersigned had to spend a significant
amount of time late last week and this week briefing and drafting a motion
to recuse the presiding state district court judge.
For the reasons explained above, counsel for Appellees anticipates that likely
will not be able to complete the Appellees’ Brief by its current due date of January
22, 2015, and needs an additional two weeks in which to do so.
III.
On January 14, 2015, the undersigned conferred with Appellant’s lead
appellate counsel and Mr. Sam Houston indicated that this motion would not be
opposed.
WHEREFORE, PREMISES CONSIDERED, Appellees respectfully request
that this Court grant their motion for extension of time in which to file Appellees’
Brief, extend the deadline in which to file the brief an additional two weeks up to and
Appellees’ Second Unopposed Motion for Extension of Time to File Appellees’ Brief Page 3
including February 5, 2015, and grant such other and further relief to which
appellants may be justly and equitably entitled.
Respectfully submitted,
/s/ Michael Shaunessy
MICHAEL SHAUNESSY
State Bar No.18134550
MCGINNIS, LOCHRIDGE & KILGORE, LLP
600 Congress Avenue, Ste. 2100
Austin, Texas 78701
Telephone: (512) 495-6061
Fax: (512) 505-6361
mshaunessy@mcginnislaw.com
ATTORNEY FOR APPELLEES
Appellees’ Second Unopposed Motion for Extension of Time to File Appellees’ Brief Page 4
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the foregoing motion has been
served on the following counsel in accordance with the Texas Rules of Appellate
Procedure, on this 14th day of January, 2015:
Samuel V. Houston, III Via email/e-service
HOUSTON DUNN, PLLC
4040 Broadway, Suite 440
San Antonio, Texas 78209
sam@hdappeals.com
Christopher S. Johns Via email/e-service
JOHNS MARRS ELLIS & HODGE LLP
805 West 10th Street, Suite 400
Austin, Texas 78701
cjohns@jmehlaw.com
Dan Miller Via email/e-service
MCELROY, SULLIVAN, MILLER
WEBER & OLMSTEAD, LLP
P.O. Box 12127 Austin, Texas 78711
dmiller@msmtx.com
/s/ Michael Shaunessy
MICHAEL SHAUNESSY
Appellees’ Second Unopposed Motion for Extension of Time to File Appellees’ Brief Page 5