Schuhardt Consulting Profit Sharing Plan (Appellant/Cross-Appellee) v. Double Knobs Mountain Ranch, Inc.(Appellee/CRoss-Appellant)

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FILED IN 4th COURT OF APPEALS SAN ANTONIO, TX January 5, 2015 KEITH E. HOTTLE NO. 04-13-00529-CV CLERK OF THE COURT IN THE COURT OF APPEALS FOR THE FOURTH JUDICIAL DISTRICT OF TEXAS SAN ANTONIO, TEXAS SCHUHARDT CONSULTING PROFIT SHARING PLAN, Appellant vs. DOUBLE KNOBS MOUNTAIN RANCH, INC., Appellee APPELLANT’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR REHEARING TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS: Appellant Schuhardt Consulting Profit Sharing Plan files its Unopposed Motion to Extend Time to File Motion for Rehearing and would show the Court the following: 1. This case is on appeal from Cause Number 2011-09-28311-CV-B in the 38th Judicial District Court of Uvalde County, Texas, the Honorable Mickey R. Pennington, Judge Presiding. 2. The original deadline for filing a motion for rehearing is January2, 2015. This motion is filed within the 15-day period to file a motion to extend the time to file a motion for rehearing, as required by Texas Rule of Appellate 1 Procedure 49.8. The Court has the authority under Rule 49.8 to extend the time for a party to file a motion for hearing. Appellant requests an additional forty (40) days from the date of the filing of this motion to file its motion for rehearing until February 11, 2015. 3. The extension is necessary because Appellant desires its trial counsel to appear in this appeal and continue to represent it until final adjudication. The undersigned has agreed to represent Appellant for the pendency of this appeal, but requires additional time after becoming lead appellate counsel to analyze this Court’s Opinion, delivered and filed on December 17, 2014, and, if necessary, prepare and file a motion for rehearing. Appellant’s Designation of Lead Counsel is filed contemporaneously with this Motion. 4. Additionally, the undersigned is currently out of town due to the holidays and will not return until after the deadline to file Appellant’s motion for rehearing. 5. This is the first extension sought by Appellant to file a motion for rehearing, and is not sought for the purposes of delay but so that justice may be done. For these reasons, Appellant asks the Court to grant an extension of time to file a Motion for Rehearing until February 11, 2014. 2 Respectfully submitted, /s/ Charles J. Cain Charles J. Cain State Bar No. 00796292 ccain@cstrial.com Steve Skarnulis State Bar No. 24041924 skarnulis@cstrial.com Ryan E. Chapple State Bar No. 24036354 rchapple@cstrial.com CAIN & SKARNULIS PLLC 400 W. 15th Street, Suite 900 Austin, Texas 78701 512-477-5000 512-477-5011—Fax ATTORNEYS FOR APPELLANT CERTIFICATE OF CONFERENCE Counsel for Appellant hereby certifies that his office has conferred with counsel for Appellee and represents that Appellee is not opposed to the relief requested in this motion. /s/ Charles J. Cain Charles J. Cain 3 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Appellant’s Motion to Extend Time to File Motion for Rehearing was delivered to the following in accordance with the Texas Rules of Appellate Procedure on this the 2nd day of January 2015, email transmission and electronic service as follows: John C. Howell Ray Leach jhowell@asdh.com rayleach@rayleachlaw.com ALLEN, STEIN & DURBIN, P.C. LAW OFFICES OF RAY LEACH 6243 IH-10 West, Suite 700 111 West Olmos Drive San Antonio, Texas 78201 San Antonio, Texas 78212 210-734-7488 210-930-7700 210-738-8036—Facsimile 210-930-9553—Facsimile Leslie Luttrell Elizabeth Conry Davidson luttrell@lzlawgroup.com conrydavidson@gmail.com LUTTRELL ZUCKER LAW GROUP Attorney at Law 400 N. Loop 1604 East, Suite 208 926 Chulie Drive San Antonio, Texas 78232 San Antonio, Texas 78216 210-426-3606—Facsimile 210-568-4036—Facsimile /s/ Charles J. Cain Charles J. Cain 4