ACCEPTED
14-14-00462-CV
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
4/29/2015 1:50:40 PM
CHRISTOPHER PRINE
CLERK
CAUSE NO. 14-14-00462-CV
FILED IN
14th COURT OF APPEALS
IN THE COURT OF APPEALS FOR THE HOUSTON, TEXAS
FOURTEENTH DISTRICT OF TEXAS AT HOUSTON
4/29/2015 1:50:40 PM
CHRISTOPHER A. PRINE
Clerk
THE STATE OF TEXAS,
Appellant,
V.
TREELINE PARTNERS, LTD., A TEXAS LIMITED PARTNERSHIP,
LAROCA PARTNERS II, LTD., A TEXAS LIMITED PARTNERSHIP, AND
CBS OUTDOOR, INC., A DELAWARE CORPORATION,
Appellees.
UNOPPOSED SECOND MOTION FOR EXTENSION OF TIME
TO FILE APPELLANT’S REPLY BRIEF
TO THE HONORABLE COURT OF APPEALS:
Appellant, the State of Texas, presents this Motion pursuant to Rules 10.5(b)
and 38.6(d) of the Texas Rules of Appellate Procedure and respectfully moves the
court for an extension of time to file Appellant’s Reply Brief. As grounds for this
Motion, Appellant would respectfully show the Court the following:
1. Appellant’s Reply Brief is due to be filed on April 29, 2015.
2. Appellant requests an extension of time to file its Brief until Monday, May 4,
2015, which is 5 days after the current due date of April 29, 2015.
3. This is Appellant’s second request for extension of time to file its Reply Brief.
4. Appellant needs an extension of time to file its Brief because time constraints
on State’s counsel have made it impossible to complete the State’s Reply Brief by
April 29, 2015. This case involves two appellees with different issues as to each
appellee. Combined, the Appellees’ response briefs comprise 105 pages, and the
appellate record includes a Clerk's Record of 1,134 pages and a sixteen volume
Reporter's Record of 2,536 pages. Also, on April 24, 2015, the Supreme Court issued
an opinion in State v. Clear Channel Outdoor, Inc., No. 13-0053, — S.W.3d —, 2015
WL 1870306 (Tex. Apr. 24, 2015), an opinion which impacts this case and will be
addressed in the Reply Brief. In addition, since March 30, 2015, State’s counsel, in
addition to routine duties, has had to make substantial time commitments to the
following:
a. Completing and filing an Appellant's Reply Brief in State v. Titan Land
Development, Inc., No. 01-14-00899-CV in the First Court of Appeals.
b. Preparing for and attending Oral Argument in State v. Titan Land
Development, Inc., No. 01-14-00899-CV in the First Court of Appeals.
c. Preparing and filing an Appellant's Reply Brief in State v. KNA Partners,
No. 01-14-00723-CV in the First Court of Appeals; and
d. Answering discover and preparing discovery requests in State v. Northwest
Airport Management, L.P., No. 1045839 in the County Civil Court at Law No. One
of Harris County.
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For these reasons, Appellant respectfully requests that the Court grant an
extension for filing Appellant’s Reply Brief until Monday May 4, 2015.
Respectfully submitted,
KEN PAXTON
Attorney General of Texas
CHARLES E. ROY
First Assistant Attorney General
JAMES E. DAVIS
Deputy Attorney General for Civil Litigation
RANDALL K. HILL
Assistant Attorney General
Chief, Transportation Division
/S/ Susan Desmarais Bonnen
SUSAN DESMARAIS BONNEN
State Bar No. 05776725
susan.bonnen@texasattorneygeneral.gov
PHILIP ARNOLD
State Bar No. 24044710
Assistant Attorneys General
P. O. Box 12548
Austin, Texas 78711-2548
512/ 463-2004; FAX 512/ 472-3855
ATTORNEYS FOR APPELLANT,
THE STATE OF TEXAS
CERTIFICATE OF CONFERENCE
I hereby certify that on April 29, 2015, I conferred with Dixon Montague and
he indicated that Appellees Treeline and LaRoca were not opposed to the motion and
I conferred with Leslie Taylor and she indicated that Appellee CBS was not opposed
to the motion.
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/S/ Susan Desmarais Bonnen
SUSAN DESMARAIS BONNEN
Assistant Attorney General
CERTIFICATE OF SERVICE
This is to certify that on this day, April 29, 2015, a true and correct copy of the
foregoing Unopposed Motion for Extension of Time to File Appellant’s Reply Brief
has been sent as follows:
Leslie Taylor VIA FACSIMILE (713) 658-8211
Rothfelder & Falick, LLP and E-Service
1201 Louisiana, Suite 550
Houston, Texas 77002
ATTORNEYS FOR APPELLEE
CBS OUTDOOR, INC.
Dixon Montague VIA FACSIMILE (713) 615-5461
Vinson & Elkins and E-Service
1001 Fannin Street, Suite 2500
Houston, Texas 77002
ATTORNEY FOR APPELLEES TREELINE
PARTNERS, LTD., A TEXAS LIMITED
PARTNERSHIP, AND LAROCA PARTNERS IL
LTD., A TEXAS LIMITED PARTNERSHIP
/S/ Susan Desmarais Bonnen
SUSAN DESMARAIS BONNEN
Assistant Attorney General
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State v. Treeline Partners, LTD., a Texas Limited Partnership, Laroca Partners II, LTD., a Texas Limited Partnership and CBS Outdoor, Inc., a Delaware Corporation
Combined Opinion