ACCEPTED
01-15-00232-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
4/7/2015 10:29:44 AM
CHRISTOPHER PRINE
CLERK
NO. 01-15-00232-CV
ACCELERATED APPEAL
FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
4/7/2015 10:29:44 AM
IN THE CHRISTOPHER A. PRINE
COURT OF APPEALS Clerk
FOR THE
FIRST DISTRICT OF TEXAS
Nationwide Distribution Services, Inc.,
Appellant
vs.
Robert Jones and Poly Trucking, Inc.,
Appellees
__________________________________________________________________
APPELLANT’S UNOPPOSED MOTION
TO EXTEND TIME TO FILE BRIEF
__________________________________________________________________
TO THE HONORABLE FIRST COURT OF APPEALS:
Appellant, Nationwide Distribution Services, Inc. asks the court to extend the
time to file their brief for the following reason.
1. Appellant is Nationwide Distribution Services, Inc.. Appellees are Robert
Jones and Poly Trucking, Inc.
2. No rule limits the time within which to file this motion to extend. See Tex.
R. App. P. 38.6(d).
3. Appellees do not oppose this motion.
4. The court may extend the time to file the brief under the authority of Texas
Rule of Appellate Procedure 38.6(d).
CHRONOLOGY
5. On March 6, 2015, Appellant Nationwide Distribution Services, Inc. filed
its Notice of Appeal with the trial court appealing the trial court’s February 23, 2015
Order Overruling Defendant’s Special Appearance. On March 6, 2015, appellant also
filed its request for reporter’s record and request for the clerk’s record. The reporter’s
record was filed with the First Court of Appeals on March 13, 2015. The clerk’s
record was filed with the First Court of Appeals on March 18, 2015, however, that
record was incomplete. Appellant’s brief is due on April 8, 2015.
6. Appellant’s request for the clerk’s record timely designated the items to be
included, consisting of those required by Tex. R. App. Proc. 34.5 plus a list of
additional documents. On March 23, his first opportunity to review the record,
appellant’s counsel discovered items missing from the record and immediately filed
a request for supplementation. Specifically, these documents were omitted from the
record filed by the district clerk’s office, although they were part of documents that
were requested: (1) the affidavit of David Coffey, attached to Nationwide Distribution
Services, Inc.’s Special Appearance, (2) all exhibits to Plaintiff’s Response to
Defendant Nationwide Distribution Services, Inc.’s Special Appearance.
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7. Appellant’s counsel (who did not serve as trial counsel) also discovered the
need for, and designated, additional items in the request for supplementation. Those
four documents are Plaintiff’s Original and First Amended Petitions, and two Docket
Control Orders.
REASON FOR DELAY IN BRIEFING
8. Appellant’s brief is already finished, with the important exception of the
many citations to the Clerk’s Record that lack page references because the documents
being cited are not yet in the record. The omitted documents being cited consist
primarily of attachments to Jones’ Response to Special Appearance. (The Special
Appearance and Jones’ Response to it were designated for inclusion in the record; the
clerk included them without any of their attachments). Rather than file a brief with
extensive citations to a Supplemental Record that does not yet exist (thus, with no
page references), and then have to file an amended brief, appellant requests a 30-day
extension in which to file its brief. The Harris County District Clerk stated in a March
31, 2015 telephone call with my legal assistant, Rebecca Garcia, that its normal
turnaround time to file a supplemental record is 30 days.
9. No extensions have been granted to extend the time to file appellant’s brief.
CONCLUSION
For these reasons, appellant asks the court to grant an extension of time to file
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its brief until May 8, 2015. As the brief is finished except for the missing record
citations, it can be filed promptly after the clerk files the supplemental record.
Respectfully submitted,
RAMEY, CHANDLER, QUINN & ZITO, P.C.
By: /s/ Jack McKinley
Jack McKinley
State Bar No. 13716300
Robert L. Ramey
State Bar No. 16498200
750 Bering, Suite 600
Houston, Texas 77057
Telephone: (713) 266-0074
Facsimile: (713) 266-1064
jmm@ramey-chandler.com
rlr@ramey-chandler.com
COUNSEL FOR APPELLANTS
CERTIFICATE OF CONFERENCE
On March 6, 2015, Appellant’s counsel consulted with Tracy Willi (counsel for
appellee Poly Trucking) and Cory Itkin (counsel for appellee Robert Jones) and both
have stated that they are unopposed to this motion. Counsel for Robert Jones,
however, states that he is opposed to a trial continuance.
/s/ Jack McKinley
JACK McKINLEY
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing has been served
upon all counsel of record, in accordance with the rules on the 7th day of April, 2015:
Jason A. Itkin Via E-Filing Service
Cory D. Itkin
Noah M. Wexler
Arnold & Itkin, LLP
6009 Memorial Drive
Houston, Texas 77007
Counsel for Appellee, Robert Jones
Tracy J. Willi Via E-Filing Service
Willi Law Firm, P.C.
9600 Escarpment Blvd.
Suite 745, PMB 34
Austin, Texas 78749
Counsel for Appellee, Poly Trucking, Inc.
Ruark D. Mershon Via E-Filing Service
2000 W. Marshall Drive
Grand Prairie, Texas 75051
Co-Counsel for Appellee, Poly Trucking, Inc.
/s/ Jack McKinley
JACK McKINLEY
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