Jonathan Shurberg as Personal Representative of the Estate of Rebecca Lord, Individually and Derivatively on Behalf of La Salle Industries, a Limited Partnership v. La Salle Industries Limited, Roy G. Martin Jr. Property Management, Inc., Roy Martin, Elizabeth Martin, Jennifer Lord, Brenda Lord, Kent Lord, Janie Martin, Mark Martin, Thomas L. Martin, and Jill Martin

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ACCEPTED 04-15-00320-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 8/25/2015 3:37:29 PM KEITH HOTTLE CLERK NO.04-15-00320-CV FILED IN 4th COURT OF APPEALS IN THE COURT OF APPEALS SAN ANTONIO, TEXAS FOURTH DISTRICT OF TEXAS 8/25/2015 3:37:29 PM SAN ANTONIO, TEXAS KEITH E. HOTTLE Clerk JONATHAN SHURBERG AS PERSONAL REPRESENTATIVE OF THE ESTATE OF REBECCA LORD, INDIVIDUALLY AND DERIV ATIVEL YON BEHALF OF LA SALLE INDUSTRIES, A LIMITED PARTNERSHIP, Appellant, V. LA SALLE INDUSTRIES LIMITED, ROY G. MARTIN JR. PROPERTY MANAGEMENT, INC., ROY MARTIN, ELIZABETH MARTIN, JENNIFER LORD, BRENDA LORD, KENT LORD, JANIE MARTIN, MARK MARTIN, THOMAS L. MARTIN, AND JILL MARTIN, Appellees. FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S BRIEF Patton G. Lochridge Christopher L. Halgren State Bar No. 12458500 State Bar No. 24069859 Michael A. Shaunessy MCGINNIS,LOCHRIDGE & KILGORE,LLP State Bar No. 18134550 711 Louisiana St., Suite 1600 Blaire A. Knox Houston, Texas 77002 State Bar No. 24074542 Phone: 713-615-8500 MCGINNIS,LOCHRIDGE& KILGORE,LLP 600 Congress Avenue, Suite 2100 Austin, Texas 78701 Phone: 512-495-6000 ATTORNEYS FOR APPELLANT TO THE HONORABLE FOURTH COURT OF APPEALS: Pursuant to TEX. R. ApP. P. 10.1 and 38.6(d), the Appellant Jonathan Shurberg files this Unopposed First Motion to Extend Time to File Appellant's Brief. Appellant's opening brief was due on August 14,2015. Counsel for Appellant requests a 17-day extension of time to file its brief, making the brief due on August 31, 2015. This is the first request for extension of time to file the opening brief, and Appellant will seek to file his brief before August 31,2015. Counsel for Appellant relies on the following reasons, in addition to the routine matters that counsel must attend to in daily practice, to explain the need for the requested extension: After filing Appellant's Notice of Appeal on May 4, 2015, Appellant was aware of continuing issues regarding the filing of the requested reporter's record. The reporter's record was due on May 29, 2015. On July 14, 2014, the Court issued an Order in instructing the court reporter to file the record by August 13, 2015. The next day, on July 15,2015, the court reporter filed the reporter's record. This Court sent a notice to all parties that the record was complete and that "the filing of the appellant's brief is pending." This notice was mistakenly overlooked by Appellant's counsel, and thus Appellant's counsel failed to docket the deadline for filing Appellant's brief. Counsel for Appellant seeks this extension of time to be able to prepare a cogent and succinct brief to aid this Court in its analysis of the issues presented. This request is not sought for delay, but so that justice may be done. The undersigned has conferred with opposing counsel, and he has indicated that his client does not oppose this motion. All facts recited in this motion are within the personal knowledge of the counsel signing this motion, therefore no verification is necessary under Rule of Appellate Procedure 10.2. PRAYER FOR RELIEF For the reasons set forth above, Appellant requests that this Court grant this First Unopposed First Motion to Extend Time to File Appellant's Brief and extend the Deadline for Filing the Appellant's Brief up to and including August 31, 2015. Appellant respectfully requests all other relief to which he may be entitled. 2 Respectfully submitted, MCGINNIS LOCHRIDGE Patton G. Lochridge State Bar No. 12458500 Michael A. Shaunessy State Bar No. 18134550 Blaire A. Knox State Bar No. 24074542 600 Congress Avenue, Suite 2100 Austin, Texas 78701 (512) 495-6000 (512) 495-6361 Fax pIochridge@mcginnislaw.com mshaunessy@mcginnislaw.com bknox@mcginnislaw.com Christopher L. Halgren State Bar No. 24069859 1111 Louisiana Street, Suite 4500 Houston, Texas 77002 (713) 615-8500 (713) 615-8585 Fax chalgren@mcginnislaw.com By: lsi Michael A. Shaunessy Michael A. Shaunessy State Bar No. 18134550 ATTORNEYS FOR APPELLANT 3 CERTIFICATE OF SERVICE A true and correct copy of this document was served in compliance with Rules 21 and 21a of the Texas Rules of Civil Procedure on the following counsel of record by email on this 25th day of August 2015. Mr. Steve McConnico Mr. Steve Wingard Mr. Asher Griffin SCOTT, DOUGLASS & MCCONNICO, LLP 303 Congress Avenue, Suite 2400 Austin, Texas 78701 smcconnico@scottdoug.com swingard@scottdoug.com agriflzn(g)scottdoug. com Attorneys for Appellees La Salle Industries Limited, Roy G. Martin, Jr., Property Management, Inc., Roy Martin and Elizabeth Martin Mr. Robert J. Myers ATTORNEY AT LAW 2525 Ridgmar Boulevard, Suite 150 Fort Worth, Texas 76116 Rl1'zvers@myers-hill.com Attorneys for Appellees Jennifer Lord, Brenda Lord, Kent Lord, Janie Martin, Mark Martin, Thomas L. Martin and Jill Martin /s/ Michael A. Shaunessy Michael A. Shaunessy 4