City of Nassau Bay, Texas v. H. Ray Barrett, and 1438 Kingstree Lane, in Rem

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ACCEPTED 01-15-00148-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 3/13/2015 2:52:56 PM CHRISTOPHER PRINE CLERK NO. 01-15-00148-CV ______________________________________ FILED IN 1st COURT OF APPEALS IN THE COURT OF APPEALS HOUSTON, TEXAS FIRST JUDICIAL DISTRICT 3/13/2015 2:52:56 PM HOUSTON, TEXAS CHRISTOPHER A. PRINE ______________________________________ Clerk CITY OF NASSAU BAY, TEXAS, Appellant, v. H. RAY BARRETT, AND 1438 KINGSTREE LANE Appellees. ______________________________________ On Appeal from the 152nd Judicial District Court of Harris County, Texas Trial Court No. 2013-10661 ______________________________________ APPELLANT, CITY OF NASSAU BAY, TEXAS’S UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF ______________________________________ TO THE HONORABLE FIRST COURT OF APPEALS: Appellant, City of Nassau Bay, Texas, pursuant to Texas Rules of Appellate Procedure 38.6(d) and 10.5(b), requests this Court extend the time to file its Appellant’s brief in this cause for thirty (30) days, until April 22, 2015 and would show as follows: CERTIFICATE OF CONFERENCE Appellant’s counsel conferred with Appellee’s counsel, Iain Simpson, on March 10, 2015. Appellee is unopposed to the extension Appellant requests herein. REQUEST FOR EXTENSION 1. On February 16, 2015, the 152nd Judicial District Court of Harris County, Texas, signed an Order denying City of Nassau Bay, Texas’s Plea to the Jurisdiction and Alternative, Motion for Summary Judgment in cause number 2013-10661; City of Nassau Bay, Texas v. H. Ray Barrett and 1438 Kingstree Lane. 2. Appellant filed a timely notice of appeal on or about February 11, 2015. 3. The clerk’s record was filed on March 2, 2015. The exhibits are extensive. 4. Appellant’s brief is currently due March 23, 2015. 5. This is Appellant’s first motion for extension of time to file their brief and Appellant request a thirty (30) day extension, up to and including Wednesday, April 22, 2015, in which to file their brief. 6. While the records was filed only in the last ten days, Appellant’s counsel further needs the requested extension as a result of conflicting deadlines and obligations throughout the month of March, 2015 which prevent counsel from timely completing this filing. The conflicts include numerous other Court deadlines, prior Continuing Legal Education speaking engagements, and out of town travel on pre-planned trips, including Spring Break the week preceding the brief due date. 7. Appellant has been diligently undertaking preparation of its brief. However, as a result of these conflicting deadlines and obligations and others, Appellant needs additional time to file its brief. Accordingly, Appellant respectfully requests an extension of time to file Appellant’s brief up to, and including, April 22, 2015. 8. Appellants seek this extension not for delay, but to allow counsel sufficient time to prepare a concise brief to assist with the Court’s decision making based on a known clerk’s record. PRAYER For the reasons above Appellant, City of Nassau Bay, Texas, prays that the Court grant their unopposed motion and extend the time to file its brief by thirty (30) days, up to and including, Wednesday, April 22, 2015. Respectfully submitted, CHAMBERLAIN, HRDLICKA, WHITE, WILLIAMS & AUGHTRY By: /s/ William S. Helfand William S. Helfand State Bar No. 09388250 Attorney-in-Charge Charles T. Jeremiah State Bar No. 00784338 1200 Smith Street, Suite 1400 Houston, Texas 77002 Telephone: (713) 658-1818 Telecopier: (713) 658-2553 ATTORNEYS FOR APPELLANT CITY OF NASSAU BAY, TEXAS CERTIFICATE OF SERVICE I hereby certify that the foregoing Motion to Extend Time to File Appellant’s Brief has been forwarded to all parties and/or attorneys of record by the means indicated below, on this 13th day of March, 2015. Alton C. Todd Jeffrey N. Todd The Law Firm of Alton C. Todd 312 S. Friendswood Drive Friendswood, Texas 77546 Email: Alton@actlaw.com Email: Jeff@actlaw.com /s/ William S. Helfand 1856326.1 130083.000001