ACCEPTED
14-14-01009-CV
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
5/20/2015 12:42:29 PM
CHRISTOPHER PRINE
CLERK
NO. 14-14-01009-CV
IN THE COURT OF APPEALS FILED IN
14th COURT OF APPEALS
FOR THE FOURTEENTH JUDICIAL DISTRICT OFHOUSTON,
TEXAS TEXAS
AT HOUSTON 5/20/2015 12:42:29 PM
CHRISTOPHER A. PRINE
Clerk
REBECCA DOXEY
Appellant
v.
CRC-EVANS PIPELINE INTERNATIONAL, INC. AND
STANLEY BLACK & DECKER, INC.
Appellees
From Cause No. 2012-39193; 113th Judicial District Court
Harris County, Texas
___________________________________________________________
SECOND MOTION TO EXTEND TIME
TO FILE BRIEF OF APPELLANT
______________________________________________________________
TO THE HONORABLE JUSTICES OF THE FOURTEENTH COURT OF
APPEALS:
COMES NOW, REBECCA DOXEY (“Appellant”) and files this Second
Motion for Extension of time to File Brief, and would show the Court the
following:
1. Appellant’s brief is due on or about May 25, 2015. Appellant requests
an extension of time to file her brief for thirty (30) days from that time.
2. This is the second motion for an extension of time.
3. The request for extension is based on the following activities:
The appellate record has been reviewed and Appellant’s brief in this case
has been outlined, but it is not complete for the following reasons. Both of the
undersigned counsels for Appellant, Leonard Meyer and Colin Guy, participated
full time as trial counsel in Cause No. 414,155; In Re Estate of Herbert Joel
Zieben, Deceased; in the Probate Court No. Two (2) of Harris County, Texas, an
approximate $40m will contest case which commenced April 6, 2015 and didn’t
conclude until April 23, 2015. Both counsel were preparing for that trial for around
six weeks prior to the commencement of trial. The trial conclusion date (with a
verdict) April 23, 2015 was the same date as the original deadline for Appellant’s
brief. After the conclusion of the trial, both counsel have had to seek and obtain
injunctive relief against the executor of the Estate since the trial was a success in
favor of the will contestants represented by counsel, and motions for multiple items
of complex relief and judgment on the verdict had to be prepared and filed, which
led to extensive settlement negotiations which are ongoing. A hearing for a
temporary injunction and, in the event the parties are unable to concur regarding
the terms of an agreed judgment, a hearing on entry of judgment on the verdict has
been reset to June 2, 2015 to accommodate these ongoing discussions and
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extensive due diligence by the will contestants as to the financial status of the large
estate.
To complicate the practice of the undersigned counsel Mr. Meyer has also
been forced to take the lead on several other matters since the conclusion of the
above referenced trial which had been previously assigned to a senior associate
who has since transferred to another practice group, and has been in the process of
interviewing multiple candidates to fill this position. One of those other matters is
another will contest trial set for trial on June 2, 2015, in which a settlement is also
currently being negotiated.
The other undersigned counsel for Appellant Nicholas Reisch, has been
assisting in the preparation for the trial in Cause No. 414,155, including the jury
charge, and has been handling all matters relating to the jury charge in that trial. In
addition, Mr. Reisch’s schedule includes other litigation matters, including
preparation for an upcoming trial setting in California.
4. Accordingly, Appellant requests an extension of time to file her brief of
thirty (30) days from the present deadline; that is, through June 25, 2015.
5. Counsel for Appellant have attempted to confer with counsel for Appellee,
but did not receive a response expressing that this motion is unopposed or opposed.
Appellant’s first request for an extension was unopposed.
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6. This request for an extension is made not for the purpose of delay, but so
justice may be done.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court
grant her Motion for Extension of Time to File Brief, and for such other and
further relief to which she may be justly entitled.
Respectfully submitted,
ZIMMERMAN, AXELRAD, MEYER,
STERN & WISE, P.C.
By: //s// Leonard J. Meyer
Leonard J. Meyer
State Bar No. 13993750
Nicholas J. Reisch
State Bar No. 24046699
3040 Post Oak Blvd., Suite 1300
Houston, Texas 77056
Telephone: (713) 552-1234
Facsimile: (713) 963-0859
Email: nreisch@zimmerlaw.com
ATTORNEYS FOR APPELLANT,
REBECCA DOXEY
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Brief of Appellant 5 20 15.docx Page 4
CERTIFICATE OF CONFERENCE
As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I
have attempted to confer with all other parties about the merits of this motion and
at the time of this filing did not receive a response in opposition or expressing that
they are unopposed.
//s// Leonard J. Meyer
Leonard J. Meyer
Certificate of Service
I hereby certify that on this 20th day of May, 2015, a true and correct copy
of the following has been served pursuant to the Texas Rules of Appellate
Procedure 6.3 and 9.5(b), (d), (e) upon the following counsel by facsimile, certified
mail and/or electronic service:
//s// Leonard J. Meyer
Leonard J. Meyer
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