ACCEPTED
03-11-00462-CV
4853756
THIRD COURT OF APPEALS
AUSTIN, TEXAS
4/11/2015 11:47:37 AM
JEFFREY D. KYLE
CLERK
NO. 03-11-00462
FILED IN
3rd COURT OF APPEALS
In The AUSTIN, TEXAS
4/13/2015 12:00:00 AM
Third Court of Appeals JEFFREY D. KYLE
Clerk
AT AUSTIN, TEXAS
Sanadco Inc., Mahmoud A. Isba, Walid Abderrahman, Majic Investments
Inc., Faisal Khan, Isra Enterprises, Inc., Hattab Al-Shudifat, Haifa
Enterprises, Inc., EID Corp., Mohammed S. Al Hajeid, Majdi Rafe Okla
Nsairat, Omar Unlimited, Inc., and All Others Similarly Situated,
APPELLANTS
VS.
The Office of the Comptroller of Public Accounts; Susan Combs, in her
individual and official capacities as Comptroller of Public Accounts for
the State of Texas; and Greg Abbott in his official capacity as Attorney
General of the State of Texas
APPELLEES
__________________________________________________________
Appeal From Cause No D-1-GV-10-000902
The 98th District Court Of Travis County, Texas
The Honorable Tim Sulak, Presiding
__________________________________________________________
UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE APPELLANTS’ FURTHER MOTION FOR REHEARING
___________________________________________________________
TO THE HONORABLE THIRD COURT OF APPEALS:
Appellants, SANADCO, INC. ET AL, pursuant to TEX. R. APP. P. 10.5 (b) and
49.8, move this Honorable Court to extend the time for filing its Further Motion
for Rehearing, and for cause would show unto the Court the following:
1. This Court issued its judgment and opinion on Rehearing in this cause on
March 25, 2015, reversing its opinion of September 26, 2013 on other
grounds. Accordingly, the Further Motion for Rehearing is currently due on
April 9, 2015. Petitioners request a 30-day extension, creating a new
deadline of May 9, 2015.
2. Counsel for Appellants is a semi-retired solo practitioner with a home office
practice and no staff, who maintains a limited practice due to a heart
condition and diabetes. This extension of time is being requested because
Appellants have had insufficient time to prepare the Further Motion for
Rehearing due to illness and the extensive research required as a result of the
court’s reversal on grounds which had not previously been considered by the
court or briefed by the Appellants.
3. In addition, counsel is involved in the preparation of an expedited appeal in
Case No. 03-14-00771-CV, filed in this Court on December 3, 2014 from a
judgment entered in Cause No. D-1-GN-13- 04352 on November 13, 2014
and is due on Monday, April 13, 2015. He is also preparing an as yet unfiled
Petition for Writ of Mandamus to this Court from a judgment entered in
Cause No. D-1-GN-12-003918 on October 23, 2014.
4. For these reasons, Appellants respectfully request that the Court
grant a 30-day extension of time for filing this Further Motion for
Rehearing, creating a new deadline of May 9, 2015.
5. This is the first motion for extension of time for filing the Further Motion for
Rehearing in this cause.
6. This motion is not being sought for delay, but so that the interests of justice
may be served.
WHEREFORE, PREMISES CONSIDERED, Petitioners respectfully move
this Honorable Court to grant this motion for extension of time and extend the time
for filing the Further Motion for Rehearing in this cause to May 9, 2015.
Respectfully submitted,
Law Office of
Samuel T. Jackson
__/s/ Samuel T Jackson
Texas Bar No. 10495700
PO Box 170633
Arlington, TX 76003-0633
Tel: (512) 692-6260
Fax. 866 -722-9685
jacksonlaw@hotmail.com
ATTORNEY FOR APPELLANTS
CERTIFICATE OF CONFERENCE
I hereby certify that counsel for the parties have conferred concerning this
request for extension of time, and counsel for the Appellees does not oppose this
motion.
_/s/ Samuel T Jackson
Samuel T. Jackson
CERTIFICATE OF SERVICE
By my signature above, I hereby certify that a true and correct copy of the
above and foregoing instrument was served on the parties or their attorneys via
facsimile, certified mail, return receipt requested, and/or hand delivery on April
10, 2015, in accordance with the Texas Rules of Appellate Procedure, to the
following:
JACK HOHENGARTEN
Assistant Attorney General
FINANCIAL LITIGATION DIVISION
P.O. Box 12548
Austin, TX 78711-2548
Tel: (512) 475-3503
Fax: (512) 477-2348/480-8327
Email: jack.hohengarten@oag.state.tx.us