ACCEPTED
01-14-00992-cv
FIRST COURT OF APPEALS
HOUSTON, TEXAS
2/5/2015 5:08:39 PM
CHRISTOPHER PRINE
CLERK
No.01-14-00992-CV
FILED IN
In the First District Court of 1st COURT OF APPEALS
HOUSTON, TEXAS
Appeals at Houston
2/5/2015 5:08:39 PM
CHRISTOPHER A. PRINE
Clerk
Jordan and Associates,
Appellant
V.
Lisa Wells,
Appellee
Appeal from the 506th judicial District Court
Grimes County,Texas, Hon. Albert McCaig,Presiding
APPELLANT'S MOTION FOR
EXTENSION OF TIME
Appellant moves for a 30-day extension of time to file its Briefs so
that their Briefs are timely filed if filed on or before March 9, 2015.
1. The deadline to file Appellant's Brief is February 5, 2015. Appellant
has not sought a previous extension of this deadline.
2. Appellant requests a 30-day extension so that its Brief is timely filed
if filed on or before March 9,2015(pursuant to TEX. R. APP.PROC. 4.1(a)).
3. Appellant's counsel conferred/attempted to confer with Appellee's
counsel. Counsel for Appellant left a detailed voicemail regarding the
1
proposed 30-day extension of time to file Appellant's Brief. As of the filing
of this motion, Appellant has not received a response from counsel for
Appellee. As such, it is not known whether Appellee is opposed or
unopposed to the requested extension.
4. Facts Relied on to Reasonably Explain the Need for an Extension
Counsel for Appellee has begun the preparation of the Response
Brief in earnest. However, Appellee's counsel has been responsible for:
• Preparing the brief of Nationwide Mutual
Insurance Company on a matter of first
impression in Texas relating to the application
of Texas Civil Practices and Remedies Code §
150.002 - et. seq., in case number 02-14-00332-
CV,styled Childress Engineering Services, Inc. v.
Nationwide Mutual Insurance Company, and
pending in the Fort Worth Court of Appeals;
• Preparing for and attending oral arguments
on a matter of first impression in Texas
relating to the application of Texas Civil
Practices and Remedies Code § 150.002 - et.
seq., in case number 02-14-00332-CV, styled
Childress Engineering Services, Inc. v.
Nationwide Mutual Insurance Company, and
pending in the Fort Worth Court of Appeals;
• Drafting, finalizing, and filing the motion for
summary judgment brief and reply brief in
civil case number 3:14-CV-03314-K, styled
Ascendant Renewable Energy Corp. v. Tang
Energy Group, Ltd, et. al., and pending in the
2
United States District Court for the northern
District of Texas - Dallas Division;
Preparing and finalizing numerous motions in
arbitration number 01-14-0001-4150, styled
Tang Energy group, Ltd. et. al., v. CATIC USA,
Inc. et, al., and pending before the American
Arbitration Association International Centre
for Dispute Resolution in New York, New
York;
>- Preparing and finalizing several motions for
summary judgment motions, summary
judgment response motions, and sur-reply
motions in cause number CC-11-07735-E,
styled Alma Rosa Matias, et al. v. Exco Operating
Company, L.P. et, al., v. Exco Resources, Inc., et.
al., v. Basic Energy Services, L.P., and pending
in the County Court at Law Number 5 for
Dallas County;
Attending an all-day mediation in Bryan,
Texas in cause number PI-13-125, styled
Thomas Ray Sanders v. Donnie Grimes, and
pending in the 125th Judicial District Court in
Leon County; and
Handling various personal and professional
responsibilities, including those attendant to
being the managing partner of Walters, Balido
& Crain, L.L.P.; and
5. These reasons constitute good cause to justify an extension of the
briefing deadline. A reasonable cause justifying an extension of time in this
context has been described as "any plausible statement of circumstances
3
indicating the failure to file within the [briefing] period was not deliberate
or intentional." Hone v. Hanafin, 104 S.W.3d 884, 886 (Tex. 2003). The
unfortunate circumstances surrounding counsel's practice demonstrates
that any failure to complete the Brief on time was not deliberate or
intentional.
6. This Motion is not sought solely for delay but so that justice may be
served.
Wherefore, Appellant prays that the Court grant its requested 30-day
extension to file its Brief so that the Court deems the Brief timely filed if
filed on or before March 9, 2015, and for such other relief to which they
may be entitled.
Respectfully submitted,
/s/Gregory W. Ave
GREGORY R. AVE
State Bar No.01448900
greg.ave@wbclawfirm.com
Walters, Balido & Crain, L.L.P.
Meadow Park Tower,15th Floor
10440 N. Central Expressway
Dallas, Texas 75231
(214)342-8310 - Telephone
(214)342-8311 - Facsimile
4
COUNSEL FOR APPELLANT JORDAN AND
ASSOCIATES
Certificate of Service
On February 5, 2015, I served Appellant's Motion for Extension of
Time on all counsel of record by email as well as through the e-filing
system.
/s/Gregory W.'lye
GREG R. AVE
5