ACCEPTED
14-14-00825-CV
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
1/30/2015 11:26:10 AM
CHRISTOPHER PRINE
CLERK
NO. 14-14-00825-CV
FILED IN
14th COURT OF APPEALS
IN THE COURT OF APPEALS FOR THE HOUSTON, TEXAS
FOURTEENTH SUPREME JUDICIAL DISTRICT OF TEXAS,
1/30/2015 11:26:10 AM
HOUSTON, TEXAS CHRISTOPHER A. PRINE
Clerk
INWOOD FOREST COMMUNITY IMPROVEMENT ASSOCIATION,
Appellant
v.
TOAN VAN NGUYEN, ET AL.
Appellees
On interlocutory appeal from the
165th Judicial District Court of Harris County, Texas
______________________________________________________________
APPELLANT’S THIRD UNOPPOSED MOTION FOR
EXTENSION OF TIME TO FILE BRIEF
______________________________________________________________
HOOVER SLOVACEK LLP
Dylan B. Russell
State Bar No. 24041839
russell@hooverslovacek.com
Galleria Tower II
5051 Westheimer, Suite 1200
Houston, Texas 77056
Telephone: (713) 977-8686
Facsimile: (713) 977-5395
ATTORNEYS FOR APPELLANT
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TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
INWOOD FOREST COMMUNITY IMPROVEMENT ASSOCIATION,
Appellant in the above-styled and numbered cause, files this Appellant’s Third
Unopposed Motion for Extension of Time to File Brief and requests that the Court
enter an order extending the time for the filing of its Brief with the Court through, and
including, February 13, 2015, and in support thereof would respectfully show the
following:
This is Appellant’s third request for an extension of time to file their Brief.
This motion is not sought for delay only but so that justice may be done. Appellant’s
brief is currently due on January 30, 2015.
On January 15, 2014, Appellant made a request for the district clerk to
supplement the Clerk’s Record with some additional written orders (signed January
12, 2015) from the trial court granting certain motions to dismiss that are the subject
of this appeal.1 As of the date of this motion, however, the additional supplemental
clerk’s record has not been filed.
Furthermore, on January 30, 2015, the Texas Supreme Court granted petition
for review in Case No. 13-0047, Allen Dacus, et al. v. Annise Parker and City of
1
Most significantly, one of the filings is the only written order from the trial
court granting one of the motions to dismiss that is the basis for the appeal. Thus,
any claim by the Appellees that Appellant’s interlocutory appeal was premature,
since no written order had been previously been signed, would be moot in light of
that order.
171327-00331 DBR 1/28/2015 00934934.WPD 1 2
Houston, and set oral arguments for February 24, 2015. Lead counsel in this case will
help in the preparation for that argument and may be one of the oralists in that case.
As such, additional time is needed for the briefing in this case.
In light of the foregoing, Appellant request an extension of time to file its brief.
CERTIFICATE OF CONFERENCE
Today, counsel for Appellant has contacted counsel for Appellees regarding this
motion, and Appellees’ counsel have indicated that they are not opposed to this
Motion for Extension.
WHEREFORE, PREMISES CONSIDERED, the Appellant respectfully prays
that the Court grant its Third Unopposed Motion for Extension of Time to File Brief
and extend the time for it to file its Brief through, and including, February 13, 2015.
Respectfully submitted,
HOOVER SLOVACEK LLP
By: /s/ Dylan B. Russell
DYLAN B. RUSSELL
State Bar No. 24041839
Galleria Tower II
5051 Westheimer, Suite 1200
Houston, Texas 77056
Telephone: 713-977-8686
Facsimile: 713-977-5395
russell@hooverslovacek.com
ATTORNEYS FOR APPELLANT,
INWOOD FOREST COMMUNITY
IMPROVEMENT ASSOCIATION
171327-00331 DBR 1/28/2015 00934934.WPD 1 3
CERTIFICATE OF SERVICE
I hereby certify that on this, the 30th day of January, 2015, a true and correct
copy of the foregoing document was served in accordance with the Rules to all
counsel of record and/or pro se parties, if any.
/s/ Dylan B. Russell
Dylan B. Russell
171327-00331 DBR 1/28/2015 00934934.WPD 1 4