ACCEPTED
04-15-00260-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
9/28/2015 1:28:29 PM
KEITH HOTTLE
CLERK
NO. 04-15-00260-CV
FILED IN
IN THE COURT OF APPEALS 4th COURT OF APPEALS
FOURTH COURT OF APPEALS DISTRICTSAN ANTONIO, TEXAS
SAN ANTONIO, TEXAS 9/28/2015 1:28:29 PM
KEITH E. HOTTLE
Clerk
KAFAI LEE
V.
KENNETH LAU, CONNIE ANDREWS, CHINA ROSE MANAGEMENT, LLC,
AND CHINA ROSE, LTD.
ON APPEAL FROM THE 45TH DISTRICT COURT, BEXAR COUNTY, TEXAS
CAUSE NO. 2012-CI-12940
UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO
FILE APPELLEES’ BRIEFS
TO THE HONORABLE FOURTH COURT OF APPEALS:
Appellees Kenneth Lau, Connie Andrews, China Rose Management,
LLC, and China Rose, Ltd. respectfully present this unopposed first motion to
extend time in which to file their Appellees’ Briefs pursuant to Texas Rule of
Appellate Procedure 38.6. No previous motions for extension of time to file
the Appellees’ Briefs have been filed. In support of this motion, Appellees
would show the Court as follows:
I.
Appellees’ Briefs are currently due on October 5, 2015. Because of the
events and matters described more fully below, Appellees request an
extension of an additional 30 days in which to file their Appellees’ Briefs or
until November 4, 2015.
II.
The requested extension is necessary because the following matters
have prevented the undersigned from completing the Appellees’ Briefs and
will preclude the undersigned from doing so sooner than November 4,
2015:
1. The undersigned drafted and filed the appellees’ brief in In re
Jack Ikenaga, Sr., Deceased, No. 04-15-00005-CV, which was
due on September 23, 2015;
2. The undersigned is lead appellate counsel in Trent Lindig v.
Pleasant Hill Rocky Community Club, No. 03-15-00051-CV and
is preparing a motion for rehearing, which is due on October 14,
2015;
3. The undersigned is lead appellate counsel in Hindes v. La Salle
County, No. 04-14-00651-CV and is preparing a motion for
rehearing, which is due on October 12, 2015;
4. The undersigned is lead appellate counsel in In re High
Performance Ropes of America et al., No. 15-0422 and is
preparing a reply brief in support of petition for writ of
mandamus; and
5. Sylvan Lang, Jr. is out of the office attending depositions during
the week of September 28, 2005, is attending hearings in Dallas
and Corpus Christi during the week of October 12, 2015, and is
scheduled to begin trial on October 26, 2015.
2
For all of the reasons explained above, counsel for Appellees cannot
complete the Appellees’ Briefs by their current due date of October 5, 2015,
and need an additional 30 days in which to do so.
III.
On September 21, 2015, the undersigned conferred with Todd A.
Prins, counsel for Appellant. Mr. Prins indicated that Appellant would not
oppose this motion.
WHEREFORE, PREMISES CONSIDERED, Appellees respectfully
request that this Court grant their motion for extension of time in which to
file their Appellees’ Briefs, extend the deadline in which to file the brief an
additional 30 days up to and including November 4, 2015, and grant such
other and further relief to which Appellees may be justly and equitably
entitled.
3
Respectfully submitted,
/s/ Samuel V. Houston, III
SAMUEL V. HOUSTON, III
State Bar No. 24041135
HOUSTON DUNN, PLLC
4040 Broadway, Suite 440
San Antonio, Texas 78209
Telephone: (210) 775-0882
Facsimile: (210) 826-0075
sam@hdappeals.com
SYLVAN S. LANG, JR.
State Bar No. 11898700
LANG LAW FIRM, P.C.
13409 N.W. Military Hwy., Suite 210
San Antonio, Texas 78231
Telephone: (210) 479-8899
Facsimile: (210) 479-0099
sylvan@langfirm.com
THOMAS G. KEMMY
State Bar No. 11254600
LAW OFFICES OF THOMAS G.
KEMMY
332 W. Woodlawn Ave.
San Antonio, Texas 78212
Telephone: (210) 735-2233
Facsimile: (210) 736-9025
tkemmy@sbcglobal.net
ATTORNEYS FOR APPELLEES
4
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the foregoing motion
has been served on the following counsel in accordance with the Texas Rules
of Appellate Procedure, on this 28th day of September, 2015:
Todd A. Prins via email/eservice
PRINS LAW FIRM
4940 Broadway, Ste. 108
San Antonio, Texas 78209
Email: taprins@prinslaw.com
/s/ Samuel V. Houston, III
SAMUEL V. HOUSTON, III
5
Kafai Lee v. Kenneth Lau, Connie Andrews, and Golden Wok, LTD.
Combined Opinion