in the Estate of Jack Hiromi Ikenaga Sr.

ACCEPTED 04-15-00005-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 7/14/2015 10:55:30 AM KEITH HOTTLE CLERK NO. 04-15-00005-CV FILED IN IN THE COURT OF APPEALS 4th COURT OF APPEALS FOURTH COURT OF APPEALS DISTRICTSAN ANTONIO, TEXAS SAN ANTONIO, TEXAS 07/14/2015 10:55:30 AM KEITH E. HOTTLE Clerk IN RE ESTATE OF JACK HIROMI IKENAGA, SR., DECEASED ON APPEAL FROM THE PROBATE COURT NO. 1, BEXAR COUNTY, TEXAS CAUSE NO. 2011PC4330 UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ BRIEF TO THE HONORABLE FOURTH COURT OF APPEALS: Appellees Jack Ikenaga, Jr., William D. Bailey, Temporary Administrator or the Estate of Jack Ikenaga Jr., Nancy Sumners, Christine Ikenaga, Patrick Gasiorowski, and Eric J. Goodman respectfully present this unopposed first motion to extend time in which to file their Appellees’ Brief pursuant to Texas Rule of Appellate Procedure 38.6. No previous motions for extension of time to file the Appellees’ Brief have been filed. In support of this motion, Appellees would show the Court as follows: I. Following two extensions, Appellant timely filed her principal brief on June 24, 2015. As a result, Appellees’ Brief is currently due on July 24, 2015. Appellees intend to file a single brief, and that brief will be drafted principally by the undersigned. Because of the events and matters described more fully below, Appellees request an extension of an additional 45 days in which to file their Appellees’ Brief or until September 8, 2015. II. The requested extension is necessary because the following matters have prevented the undersigned from completing the Appellees’ Brief and will preclude the undersigned from doing so sooner than September 8, 2015: 1. The undersigned was required to prepare the Appellants’ Brief in Dennis Rayner and Joe Tex Xpress, Inc. v. Krista Dillon, No. 06-15-00009-CV, which is currently due on July 17, 2015; 2. The undersigned was required to attend mediation in Tyler, Texas relating to Dennis Rayner and Joe Tex Xpress, Inc. v. Krista Dillon, No. 06-15-00009-CV; 3. The undersigned prepared and revised post-judgment filings in Robertson Electric, Inc. v. Select Building Systems, Inc. et al., No. 13-212, in the 216th District Court, Kendall County, Texas; 4. The undersigned has been ordered to file a response to the petitioners’ motion for rehearing in City of Houston and Daniel W. Krueger, in His Official Capacity as Director of Public Works & Engineering v. Little Nell Apartments, LP et al., No 14-0473, in the Texas Supreme Court; and 5. The undersigned has been out of the office attending meetings associated with his service as President-elect of the Texas Young Lawyers Association. 2 For all of the reasons explained above, counsel for Appellees cannot complete the Appellees’ Brief by its current due date of July 24, 2015, and needs an additional 45 days in which to do so. III. On July 7, 2015, the undersigned conferred with David McLane, counsel for Appellant. Mr. McLane indicated that Appellant would not oppose this motion. WHEREFORE, PREMISES CONSIDERED, Appellees respectfully request that this Court grant their motion for extension of time in which to file their Appellees’ Brief, extend the deadline in which to file the brief an additional 45 days up to and including September 8, 2015, and grant such other and further relief to which Appellees may be justly and equitably entitled. 3 Respectfully submitted, /s/ Samuel V. Houston, III SAMUEL V. HOUSTON, III State Bar No. 24041135 HOUSTON DUNN, PLLC 4040 Broadway, Suite 440 San Antonio, Texas 78209 Telephone: (210) 775-0882 Facsimile: (210) 826-0075 sam@hdappeals.com SHELAYNE CLEMMER State Bar No. 24044733 KEVIN M. YOUNG State Bar No. 22199700 PRITCHARD, HAWKINS, MCFARLAND & YOUNG, LLP 10101 Reunion Place, Suite 600 San Antonio, Texas 78216 Telephone: (210) 477-7400 Facsimile: (210) 477-7450 sclemmer@phymy.com kyoung@phmy.com MARK STANTON SMITH State Bar No. 18649100 HEARD & SMITH, L.L.P. 3737 Broadway, Suite 310 San Antonio, Texas 78209 Telephone: (210) 820-3737 Facsimile: (210) 820-3777 atysmith@heardandsmith.com ATTORNEYS FOR APPELLEES 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 July, 2015: David L. McLane via email/eservice Attorney at Law 9901 IH-10 West, Ste. 695 San Antonio, Texas 78230 dlmclanelaw@yahoo.com Roger L. McCleary via email/eservice Beirne, Maynard & Parsons, L.L.P. 1300 Post Oak Blvd., Ste. 2500 Houston, Texas 77056 rmcleary@bmpllp.com /s/ Samuel V. Houston, III SAMUEL V. HOUSTON, III 5