ACCEPTED
04-14-00205-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
3/20/2015 4:14:00 PM
KEITH HOTTLE
CLERK
NO. 04-14-00205-CV
FILED IN
4th COURT OF APPEALS
SAN ANTONIO, TEXAS
IN TT{E FOURTH COURT OF APPEALS 03/20/2015 4:14:00 PM
SAN ANTONIO, TEXAS KEITH E. HOTTLE
Clerk
FOUNTAINS INTERNATIONAL GROUP, INC.
Appellant
V
SUMMIT OAK DEVELOPMENT,LLC
Appellee
SUMMIT OAK DEVELOPMENT, LLC'S
MOTION TO EXTEND DEADLINE TO FILE
ITS MOTION F'OR REHEARING AND MOTION
FOR EN BANC RECONSIDERATION
David R. Montpas
State Bar No. 00794324
Kevin M. Young
State Bar No. 22199700
PRICHARD, HAWKINS,
MCFARLAND & YOUNG, LLP
10101 Reunion Place, Suite 600
San Antonio, Texas 78216
(210) 477-7400 - Telephone
(210) 477-7450 - Telecopier
ATTORI\EYS FOR APPELLEE
SUMMIT OAK DEVELOPMENT, LLC
TO TI{E HONORABLE COURT OF APPEALS:
COMES NOW APPELLEE, Summit Oak Development, LLC ("Summit
Oak"), and submits this Motion to Extend Deadline to Files its Motion for
Rehearing and Motion for En Banc Reconsideration. VIA seeks an 18-day
extension to file its motion for rehearing and motion for en banc reconsideration.
In support of this Motion, VIA shows as follows.
I.
ST]MMIT OAK IIE,STS AN 18-DAY EXTENSION OF THE, CI]RRENT
DEADLINE
The Court issued its opinion on March 11,2015, reversing and remanding
the judgment of the Trial Court. VIA's current deadline to file a motion for
rehearing is March 26, 2015. TBx. R. App. P. 49.1. Pursuant to Texas Rule of
Appellate Procedure 49.8, VIA requests an 18-day day extension - to Monday,
April 13, 2015 - to file its motion for rehearing and/or motion for en banc
reconsideration.
Summit Oak requests this extension due to scheduling issues with its
counsel. David Montpas is the head of Prichard Hawkins McFarland & Young's
appellate and litigation support group. Mr. Montpas has been assisting in the
preparation and trial of a case styled: John C. Wolft v. JW Hughes Excavation, Inc.
and John Winston Hughes, Jr., Cause No. L4-05-0365-CVA, in the 81't District
Court, Atascosa County, Texas. The case was tried from March 16 through March
2
20,2015. Kevin Young, also counsel of record for Summit Oak, seryes as trial
counsel in that case. As a result of the pre-trial preparation and trial of the case,
counsel for Summit Oak have yet to begin work on filing a motion for rehearing or
motion for en banc reconsideration in this case. Accordingly, as a result of
scheduling difficulties following the Court's issuance of its opinion, Summit Oak
requests this extension.
Summit Oak's counsel attempted to confer with Appellant's counsel on
March 20,2015 regarding this request. As of the filing of this motion, Appellant's
counsel had not indicated whether he opposes Summit Oaks' request.
This motion is not being filed for purposes of delay but so that justice may
be served.
il.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellee Summit Oak
Development, LLC respectfully requests the Court of Appeals extend Summit Oak
Development, LLC's deadline to file its motion for rehearing and motion for en
banc reconsideration to Monday, April 13, 2015. Summit Oak Development, LLC
further requests any additional relief to which it is entitled.
a
J
Respectfully submitted,
/s/ David R.
David R. Montpas - Lead Appellate Counsel
State Bar No. 00794324
Kevin M. Young
State Bar No. 22199700
PRICHARD, HAWKINS,
MCFARLAND & YOUNG, LLP
10101 Reunion Place, Suite 600
San Antonio, Texas 78216
(210) 477-7400 - Telephone
(210) 477-7450 - Telecopier
ATTORNEYS FOR APPELLEE
SUMMIT OAK DEVELOPMENT, LLC
CERTIFICATE OF SERVICE
The undersigned certifies that a true, correct and complete copy of the
preceding document \¡/as served, pursuant to Texas Rule of Appellate Procedure
9.5, viatelecopier on the 20th day of March,2015 to the following:
Mr. Kevin'W. Stouwie
Law Office of Kevin W. Stouwie
3238 N.W. Loop 410
San Antoni o, Texas 7 8213-281 I
(210) 7 45-4845 - Telephone
(210) 7 45 -4825 - Telecopier
lslDavidR. Montpas
David R. Montpas
4
CERTIFICATE OF CONFERENCE
The undersigned certifies, pursuant to Texas Rule of Appellate Procedure
10.1(5), he attempted to confer with Appellant's counsel on March 20,2015. As
of the frling of this motion, however, Appellant's counsel has not yet responded to
the undersigned's inquiry or indicated whether he opposes the requested extension.
Counsel for Summit Oaks will update the Court if and when he hears from
Appellant's counsel regarding the requested extension.
/s/ David R.
David R. Montpas
5
Fountains International Group, Inc. v. Summit Oak Development, LLC
Combined Opinion