ACCEPTED
01-15-00223-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
7/13/2015 10:55:26 PM
CHRISTOPHER PRINE
CLERK
NO. 01-15-00223-CV
In The FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
First Court of Appeals 7/13/2015 10:55:26 PM
CHRISTOPHER A. PRINE
Clerk
Kelly Gavin
§
Appellant, §
V. §
§
Pamela S. Froeschner and §
Robert S. Evans §
§
Appellees. §
First Motion to Extend Time for Filing of
Appellees’ Opening Brief
To The Honorable First Court of Appeals:
Counsel for appellees Pamela S. Froeschner and Robert S. Evans moves for
an order of the Court granting an extension of 23 days for the filing of appellees’
brief, or until Wednesday, July 15, 2015.
1. This is an appeal from a summary judgment. Judgment was entered on
February 5, 2015. CR 108.
2. Appellant Gavin gave notice of appeal on March 6. CR 109-10.
3. Appellant’s brief was due on May 14. After an unopposed motion to extend
was filed, the brief was filed on May 21, making appellees’ brief due on June 22.
4. This is the first request for an extension from appellees.
5. During the time appellees had to prepare their brief, their counsel was
working to prepare cross-appellants’ brief and separate appellees’ brief in Case no.
14-15-00514-CV; Kings High Ranch, L.L.C. v. Ultimate Kobe Beef, L.L.C., Allison
Mae Godwin and Bruce R. Hemmingsen. Additional time was devoted to resolving
that matter and its related matter, Case no. 14-14-01014-CV; Bill & Elizabeth Fisher
d/b/a Saranac Oaks Ranch v. Ultimate Kobe Beef, L.L.C., Champion Genetics, Inc.,
Allison Mae Godwin and Bruce R. Hemmingsen and to preparing necessary
documentation to reverse and remand both causes to the trial court for settlement.
Counsel has also been involved in preparing appellant’s brief in Case no. 15-40606;
Matthew Wiggins v. Janet Northrup, Trustee (in the Fifth Circuit Court of Appeals).
6. The failure to file a brief within the original time provided is not the result of
intentional conduct or deliberate disregard.
7. Accordingly, counsel for appellees Pamela S. Froeschner and Robert S.
Evans requests that the Court grant this motion for extension and permit their
opening reply brief to be filed on or before Wednesday, July 15, 2015. Movant
further requests the Court grant such other relief as would be appropriate.
Respectfully submitted,
Mills Shirley L.L.P.
By: /s/ George W. Vie III
George W. Vie III
State Bar No. 20579310
2228 Mechanic Street, Suite 400
Galveston, Texas 77550
Tel: 713.571.4232
Fax: 713.893.0695
gvie@millsshirley.com
Attorneys for Appellees
Certificate of Conference
As required by Tex. R. App. P. 10.1(a)(5), I certify that I conferred on May
21, 2015, with the following counsel for appellant about the merits of a seven-day
extension, which was not opposed. The additional 16 days sought by this motion for
extension was not discussed with opposing counsel as shown below:
Maurice Bresenhan, Jr.
Zukowski Bresenhan Sinex & Petry, LLP
1177 West Loop South, Suite 1100
Houston, Texas 77027
Counsel for Appellant Kelly Gavin
□ opposes motion
□ does not oppose motion
□ agrees with motion
□ would not say whether motion is opposed
X was not contacted after hours
/s/ George W. Vie III
George W. Vie III
Certificate of Service
As required by Tex. R. App. P. 6.3 and 9.5(b), (d), (e), I certify that I have
served this document on all other parties – which are listed below – on July 13,
2015, as follows:
Maurice Bresenhan, Jr.
Zukowski Bresenhan Sinex & Petry, LLP
1177 West Loop South, Suite 1100
Houston, Texas 77027
Counsel for Appellant Kelly Gavin
By: □ personal delivery
□ mail and email
□ commercial delivery service
□ fax
X electronic delivery using the efiling system
/s/ George W. Vie III
George W. Vie III
4813-3609-3221, v. 1