Victory Cheval Holdings, LLC Garrett Jennings And Castle Crown Management, LLC v. Dennis Antolik Victor Antolik And Cheval Manor, Inc. D/B/A Austin Polo Club

ACCEPTED
03-15-00464-CV
7222978
THIRD COURT OF APPEALS
AUSTIN, TEXAS
October 5, 2015 10/5/2015 10:42:59 AM
JEFFREY D. KYLE
CLERK
NO. 03-15-00464-CV
__________________________________________________
RECEIVED IN
3rd COURT OF APPEALS
IN THE COURT OF APPEALS AUSTIN, TEXAS
THIRD JUDICIAL DISTRICT OF TEXAS10/5/2015 10:42:59 AM
AT AUSTIN JEFFREY D. KYLE
________________________________________________Clerk

VICTORY CHEVAL HOLDINGS, LLC, GARRETT JENNINGS
AND CASTLE CROWN MANAGEMENT, LLC,

Appellants

v.

DENNIS ANTOLIK, VICTOR ANTOLIK
and CHEVAL MANOR, INC.,

Appellees

APPELLEES’ AGREED MOTION TO EXTEND
DEADLINE TO FILE APPELLEES’ BRIEF

TO THE HONORABLE THIRD COURT OF APPEALS:

Appellees Victor Antolik, Dennis Antolik, and Cheval Manor, Inc.

(“Appellees”) file this agreed motion to extend their deadline to file Appellees’

brief.

This is an interlocutory appeal of a temporary injunction. See Tex. Civ.

Prac. & Rem. Code § 51.014(a)(4). Under Texas Rule of Appellate Procedure

(“TRAP”) 28.1, interlocutory appeals allowed by statute are deemed accelerated

appeals. Under TRAP 38.6 and Local Appellate Rule 57, the deadline to file the

8590-02/00537370.000
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appellee’s brief in an accelerated appeal is twenty (20) days after the filing of the

appellant’s brief. Hence, Appellees’ brief is due by October 6, 2015, which is

twenty (20) days after Appellants Victory Cheval Holdings, LLC, Garrett Jennings,

and Castle Crown Management, LLC (“Appellants”) filed their brief on September

16, 2015 after receiving an extension from this Court.

On September 28, 2015, Appellants’ counsel agreed to extend Appellees’

deadline to file their brief until October 20, 2015. The following day, the parties

attended mediation. Although no settlement was reached, the parties have agreed

on a general framework that they hope will result in a final resolution of all

disputes between the parties, including this appeal. The parties are continuing to

negotiate the final points of an agreement, and, in the meantime, they have agreed

to continue the hearing on their cross-motions for contempt and have requested an

extension of their deadline to file supplemental clerk’s and reporter’s records with

this Court. An extension of Appellee’s briefing deadline will save Appellees time

and expense preparing a brief that they hope will be unnecessary once the parties’

settlement is finalized.

PRAYER

Accordingly, Appellees Victor Antolik, Dennis Antolik, and Cheval Manor,

Inc. respectfully request that the Court extend their deadline to file Appellees’ brief

until October 20, 2015.

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 Respectfully submitted,

TAUBE SUMMERS HARRISON
TAYLOR MEINZER BROWN LLP

By: /s/ Cleveland R. Burke
Mark C. Taylor
State Bar No. 19713225
Cleveland R. Burke
State Bar No. 24064975
100 Congress Avenue, 18th Floor
Austin, Texas 78701
(512) 472-5997
(512) 472-5248 (FAX)
mtaylor@taubesummers.com
cburke@taubesummers.com

ATTORNEYS FOR APPELLEES
DENNIS ANTOLIK AND
CHEVAL MANOR, INC.

And

By: /s/ Jack P. Bacon
JACK P. BACON
State Bar No. 01494400
3839 Bee Caves Road, Suite 100
Austin, Texas 78746
(512) 914-8619
(512) 480-8170 (FAX)
hotbacon@me.com

ATTORNEY FOR APPELLEE
VICTOR ANTOLIK

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3
 CERTIFICATE OF CONFERENCE

I hereby certify that, on September 28, 2015, Appellees’ attorney Mark
Taylor conferred via email with Appellants’ attorneys Kemp Gorthey and Peyton
Smith. Mr. Gorthey agreed to the relief sought in this motion on behalf of
Appellants.

/s/ Cleveland R. Burke
Cleveland R. Burke

CERTIFICATE OF SERVICE

I hereby certify that the counsel listed below were served with a true and
correct copy of the foregoing motion via eFile.TXCourts.gov on October 5, 2015:

Kemp Gorthey Donald R. Taylor
The Gorthey Law Firm Isabelle M. Antongiorgi
604 W. 12th Street Taylor, Dunham & Rodriguez, LLP
Austin, Texas 78701 301 Congress Avenue, Suite 1050
kemp@gortheylaw.com Austin, Texas 78701
Counsel for Appellants Garrett Jennings dtaylor@taylordunham.com
and Castle Crown Management, LLC ima@taylordunham.com
Former counsel for Appellee
Victor Antolik

Peyton N. Smith
Brian L. King
Reed & Scardino LLP
301 Congress Avenue, Suite 1250
Austin, Texas 78701
psmith@reedscardino.com
bking@reedscardino.com
Counsel for Appellant
Victory Cheval Holdings, LLC

/s/ Cleveland R. Burke
Cleveland R. Burke

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