the Carmichael Family Trust by and Through Michael G. Carmichael and Jeanette C. Carmichael, Husband and Wife, Trustees v. Krone Medical Properties, LP and Its General Partner Krone Property Management, LLC
ACCEPTED
02-15-00371-CV
SECOND COURT OF APPEALS
FORT WORTH, TEXAS
12/29/2015 11:17:36 AM
DEBRA SPISAK
CLERK
02-15-00371-CV
In the Court of Appeals FILED IN
2nd COURT OF APPEALS
For the Second District of Texas at Fort Worth FORT WORTH, TEXAS
12/29/2015 11:17:36 AM
DEBRA SPISAK
Clerk
THE CARMICHAEL FAMILY TRUST by and through
MICHAEL G. CARMICHAEL and JEANETTE C. CARMICHAEL,
Husband and Wife,
Appellant,
v.
KRONE MEDICAL PROPERTIES, LP and Its General Partner,
KRONE PROPERTY MANAGEMENT, LLC,
Appellee.
On Appeal from the 355th Judicial District Court
of Hood County, Texas
Cause Number C-2014014
The Honorable Ralph H. Walton, Jr., Presiding Judge
APPELLEES’ UNOPPOSED MOTION TO EXTEND
DEADLINE TO FILE RESPONSE TO
APPELLANT’S PETITION FOR INTERLOCUTORY APPEAL
Attorneys for Appellees
MACDONALD DEVIN, PC Clayton E. Devin
1201 Elm Street, Texas Bar No. 05787700
3800 Renaissance Tower CDevin@MacdonaldDevin.com
Dallas, Texas 75270-2130 Bryan Rutherford
214.744.3300 Telephone Texas Bar No. 24025628
214.747.0942 Facsimile BRutherford@MacdonaldDevin.com
-1- 977286.1 372.713
02-15-00371-CV
In the Court of Appeals
For the Second District of Texas at Fort Worth
THE CARMICHAEL FAMILY TRUST by and through
MICHAEL G. CARMICHAEL and JEANETTE C. CARMICHAEL,
Husband and Wife,
Appellant,
v.
KRONE MEDICAL PROPERTIES, LP and Its General Partner,
KRONE PROPERTY MANAGEMENT, LLC,
Appellee.
On Appeal from the 355th Judicial District Court
of Hood County, Texas
Cause Number C-2014014
The Honorable Ralph H. Walton, Jr., Presiding Judge
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
Pursuant to Texas Rule of Appellate Procedure 10.5(b), Appellees Krone
Medical Properties, LP and Its General Partner, Krone Property Management, LLC
(collectively, “Krone”) move for an eleven-day extension of time in which to file their
Appellees’ Response to Appellant’s Petition for Permission to Appeal Order
Granting partial Summary Judgment, with a new deadline of December 29, 2015.
1 977286.1 372.713
I.
The current deadline to file Appellees’ Response was December 18, 2015. See
TEX. R. APP. P. 10.5(b)(1)(A). Appellees respectfully request an eleven-day extension,
making their Appellees’ Brief due on December 29, 2015. See TEX. R. APP. P.
10.5(b)(1)(B). This Court has not previously granted an extension of time with
respect to this deadline. See TEX. R. APP. P. 10.5(b)(1)(D). Counsel for Appellees
has conferred with counsel for Appellant, who is unopposed to the requested
extension. See TEX. R. APP. P. 10.3(a)(2).
II.
As further facts to reasonably explain the need for an extension of time,
Appellees’ counsel have been or are actively involved in several appellate and
litigation matters with deadlines that have precluded their undivided attention to
the research, record review, and drafting of Appellees’ Brief under the current
deadlines. See TEX. R. APP. P. 10.5(b)(1)(C). These matters include:
1. Stetson Petroleum Corp. v. Trident Steel Corp., et al., no. 4:14-cv-00043,
in the U.S. District Court for the Eastern District of Texas-
Sherman Division, provide appellate support with respect to multi-
party oilfield lawsuit with numerous deadlines in early December
2015;
2. Jose Simon Cutz v. Charles Louis Dennis, et al., no. DC-13-05125, in
the 68th Judicial District Court of Dallas County, provide appellate
support with respect to multi-party injury lawsuit that went to trial
on December 1, 2015;
2 977286.1 372.713
3. In re Lindsay Jean Brown, no. F1515390A, in the County Court of
Walker County, analyze interlocutory appellate remedies from the
trial court’s December 8, 2015 Order denying venue transfer;
4. Elizabeth Thomas v. Meritage Homes of Texas LLC, et al., no. 01-15-
00863-CV, in the First Court of Appeals, analyze appellate record
and draft motion to dismiss appeal for filing December 11, 2015;
5. Diamondback E&P, LLC v. Permian Power Tong, Inc., no. CV-49854,
in the 441st District Court of Midland County, analyze judgment
entered on December 11 following six-day jury trial, and develop
appellate strategy;
6. Richard Bryan, et al. v. Angelo Mark Papalia, no. 14-15-00802-CV, in
the Fourteenth Court of Appeals, analyze Clerk’s Record to ensure
complete record was filed, prior to December 21, 2015 deadline for
filing of the Reporter’s Record;
7. Robert Bustillos v. Misty Bustillos, no. DF-13-12381, in the 330th
Judicial District Court of Dallas County, draft pre-trial filings in pro
bono family case, for filing the week of December 28, 2015; and
Additionally, the undersigned counsel was out of the office several afternoons in
December for physical therapy following an injury to his right hand, and attempted
unsuccessfully to complete Appellees’ Response prior to the existing deadline. The
foregoing facts are within the personal knowledge of the undersigned counsel, so no
verification is required. See TEX. R. APP. P. 10.2.
3 977286.1 372.713
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellees respectfully pray that
this Court enter an order granting Appellees’ motion to extend the time to file
Appellees’ Response to December 29, 2015, and for general relief.
Respectfully submitted,
______________________________
Clayton E. Devin
Texas Bar No. 05787700
CDevin@MacdonaldDevin.com
Bryan Rutherford
Texas Bar No. 24025628
BRutherford@MacdonaldDevin.com
MACDONALD DEVIN, PC
3800 Renaissance Tower
1201 Elm Street
Dallas, Texas 75270
214.744.3300 telephone
214.747.0942 facsimile
Attorneys for Appellees
4 977286.1 372.713
CERTIFICATE OF CONFERENCE
I certify that, on December 18 and 28, 2015, I conferred with Mary H. Smith,
appellate counsel for Appellant, regarding the merits of this motion, and she
indicated that Appellant is unopposed.
_________________________
Bryan Rutherford
CERTIFICATE OF SERVICE
Pursuant to TEX. R. APP. P. 9.5(e), the undersigned hereby certifies that a true
and correct copy of the foregoing motion was sent in the manner indicated on
December 29, 2013, to:
Via eFiling
David Keltner
Jody Sanders
Mary H. Smith
KELLY, HART & HALLMAN, LLP
201 Main St, Suite 2500
Fort Worth, Texas 76102
Attorneys for Appellant
_________________________
Bryan Rutherford
5 977286.1 372.713