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