ACCEPTED
01-15-00319-cv
FIRST COURT OF APPEALS
HOUSTON, TEXAS
5/5/2015 11:05:05 AM
CHRISTOPHER PRINE
CLERK
C ASE N O . 01-15-00319-CV
FILED IN
1st COURT OF APPEALS
In the First Court of Appeals HOUSTON, TEXAS
Houston, Texas 5/5/2015 11:05:05 AM
CHRISTOPHER A. PRINE
Clerk
Q’Max America, Inc.
d/b/a Q’Max America Solutions, Inc.
d/b/a Q’Max Solutions d/b/a Q’Max Solutions, Inc.,
Appellant
v.
Screen Logix, LLC,
Appellee
From the 125th District Court, Harris County, Texas
Cause No. 2015-05002
APPELLANT Q’MAX AMERICA’S
MOTION FOR EXTENSION OF TIME
Appellant Q’Max America Inc. files this unopposed motion to extend
time, pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6. Q’Max
America respectfully requests a brief, two-week extension of the May 13, 2015
deadline to file its appellant’s brief.
005614\00003\1375176.1
MOTION TO EXTEND
This is an accelerated appeal from an interlocutory order granting a
temporary injunction. The record on appeal became complete when the
reporter’s record was filed on April 23, 2015. Q’Max America’s appellant’s
brief is due 20 days later, on May 13, 2015. See TEX. R. APP. P. 38.6(a).
Currently pending the Court’s consideration is a motion to dismiss this
appeal filed by appellee Screen Logix, LLC. Q’Max America filed its response
on April 27, 2015.
In the meantime, Q’Max America seeks a two-week extension—until
May 27, 2015—to file its appellant’s brief. This is Q’Max America’s first
request for an extension of time in connection with its appellant’s brief, which
is needed in light of the following responsibilities of its counsel:
• Preparing for and attending a hearing to defend against an
application for a temporary restraining order and temporary
injunction on May 8, 2015, in Cause No. 15-001017-CV-272,
American Momentum Bank v. George Lea et al., pending in the
272nd Judicial District Court in Brazos County, Texas;
• Preparing briefing in response to two summary judgment
motions due on May 6 and May 25, 2015, in Cause No. 2013-
CI-11965, Siete Acres, LLC. v. Midway Austin Highway Partners,
LP., et al., pending in the 73rd Judicial District Court in Bexar
County, Texas;
2
005614\00003\1375176.1
• Preparing for and attending a related summary judgment
hearing on May 13, 2015 in Cause No. 2013-CI-11965, Siete
Acres, LLC. v. Midway Austin Highway Partners, LP., et al.,
pending in the 73rd Judicial District Court in Bexar County,
Texas; and
• Preparing for and attending a hearing on Q’Max America’s
motion to dismiss on May 18, 2015, in the underlying lawsuit
in this case.
This motion is not brought for purposes of delay, but rather to allow
counsel adequate time to present the issues in this appeal as thoroughly and
precisely as possible, and so that justice may be done.
CONCLUSION AND PRAYER
Q’Max America respectfully requests a two-week extension of the
deadline to file its appellant’s brief—until May 27, 2015—or until such later
date as the Court may determine appropriate.
3
005614\00003\1375176.1
Respectfully submitted,
BOYARMILLER
By: /s/ Whitney Rawlinson
Chris Hanslik
State Bar No. 00793895
Kasi Chadwick
State Bar No. 24087278
Whitney Rawlinson
State Bar No. 24068655
4265 San Felipe, Suite 1200
Houston, Texas 77027
713.850.7766 – Telephone
713.552.1758 – Facsimile
chanslik@boyarmiller.com
kchadwick@boyarmiller.com
wrawlinson@boyarmiller.com
ATTORNEYS FOR APPELLANT
4
005614\00003\1375176.1
CERTIFICATE OF COMPLIANCE
I do hereby certify that this document complies with the typeface
requirements of Texas Rule of Appellate Procedure 9.4(e) because it has been
prepared in a proportionally-spaced typeface using Microsoft Word 2010 in
14-point Bell MT font.
/s/ Whitney Rawlinson
Whitney Rawlinson
5
005614\00003\1375176.1
CERTIFICATE OF CONFERENCE AND SERVICE
I certify that on May 4, 2015, counsel for appellant conferred with
counsel for appellee regarding the substance of this motion, and counsel for
appellee indicated that he was unopposed.
I further certify that on May 5, 2015, a true and correct copy of the
foregoing document was sent to all counsel of record as indicated below by e-
service:
NISTICO, CROUCH & KESSLER, P.C.
Joseph F. Nistico, Jr
Jonathan Peirce
1900 West Loop South, Suite 800
Houston, Texas 77027
713.781.2889 - Telephone
713.781.7222 - Facsimile
jnistico@nck-law.com
jpeirce@nck-law.com
THE FORBES FIRM, PLLC
Lucy H. Forbes
2114 Woodcrest Drive
Houston, Texas 77018
832.620.3030 - Telephone
832.532.3789 - Facsimile
lucy@forbesfirm.com
THE LAW OFFICE OF KATHLEEN O’CONNOR
Kathleen A. O’Connor
4400 Post Oak Parkway, Suite 2360
Houston, Texas 77027
713.225.9000 - Telephone
713.222.6126 – Facsimile
kat.a.oconnor@gmail.com
/s/ Whitney Rawlinson
Whitney Rawlinson
6
005614\00003\1375176.1