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