ACCEPTED
01-15-00617-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
8/26/2015 1:54:58 PM
CHRISTOPHER PRINE
CLERK
No. 01-15-00617-CV
__________________________________________
FILED IN
1st COURT OF APPEALS
IN THE FIRST COURT OF APPEALS HOUSTON, TEXAS
AT HOUSTON, TEXAS 8/26/2015 1:54:58 PM
CHRISTOPHER A. PRINE
_______________________________________ Clerk
BOB DEUELL,
Appellant,
v.
TEXAS RIGHT TO LIFE COMMITTEE, INC.,
Appellee.
_____________________________________________________
On Interlocutory Appeal from the 152nd District Court, Harris County, Texas.
__________________________________________________________
UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE
APPELLEE’S BRIEF
_______________________________________________________________
TO THE HONORABLE FIRST COURT OF APPEALS:
Appellee, Texas Right to Life Committee, Inc., files this Unopposed Motion
for Extension of Time to File Appellee’s Brief, and would show the Court as
follows:
1. The current due date for Appellee to file its Brief is Monday,
September 14, 2015. Appellee requests an extension of 20 days to file its Brief, to
and including Monday, October 5, 2015.
2. This is the first request by Appellee for additional time to file its
Brief. This Motion is timely pursuant to TEX. R. APP. P. 38.6(d).
3. The requested extension of 20 days is necessary because the
undersigned counsel is substantially involved in the following other matters:
No. 01-15-00583-CV; The Honorable Mark Henry, County
Judge of Galveston County v. The Honorable Lonnie Cox, In
the First Court of Appeals (preparation of an appellant’s brief
due September 4);
No. 14-0987; Michael Quinn Sullivan v. Salem Abraham; In the
Supreme Court of Texas (preparation of a reply brief on the
merits due September 4).
4. The requested extension of time is not made for delay, but only so that
justice may be done.
5. These facts are within the personal knowledge of the undersigned
counsel. Therefore, a verification is not necessary. TEX. R. APP. P. 10.2.
6. For all of these reasons, Appellee respectfully asks the Court to grant
this unopposed Motion for additional time of 20 days to file its Appellee’s Brief, to
and including Monday, October 5, 2015.
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CERTIFICATE OF CONFERENCE
In accordance with TEX. R. APP. P. 10.1(a)(5), the undersigned counsel for
Appellant communicated with Mr. Scott Tschirhart, counsel for Appellant, who
indicated Appellant is unopposed to this Motion being granted.
/s/ N. Terry Adams, Jr.
N. Terry Adams, Jr.
WHEREFORE, PREMISES CONSIDERED Appellee, Texas Right to Life
Committee, Inc., respectfully requests the Court to grant this Unopposed Motion
for Extension of Time to File its Appellee’s Brief for 20 days, to and including
Monday, October 5, 2015. Appellee additionally prays for such other and further
relief to which it may be justly entitled.
Respectfully submitted,
BEIRNE, MAYNARD & PARSONS, L.L.P.
By: /s/ N. Terry Adams, Jr.
N. Terry Adams, Jr.
Texas Bar No. 00874010
tadams@bmpllp.com
Joseph M. Nixon
Texas Bar No. 15244800
jnixon@bmpllp.com
1300 Post Oak Blvd, Suite 2500
Houston, Texas 77056
(713) 623-0887 (Tel.)
(713) 960-1527 (Fax)
James E. “Trey” Trainor
Texas Bar No. 24042052
ttrainor@bmpllp.com
401 W. 15th Street, Suite 845
Austin, Texas 78701
(512) 623-6700 (Tel.)
(512) 623-6701 (Fax)
Counsel for Appellee
CERTIFICATE OF SERVICE
I hereby certify that I have complied with the Texas Rules of Appellate
Procedure and the Local Rules of this Court and that the foregoing Motion has
been electronically filed and served on all counsel of record below in accordance
with these Rules on this the 26th day of August, 2015.
George E. Hyde
Scott M. Tschirhart
DENTON NAVARRO ROCHA BERNAL HYDE & ZECH, P.C.
2500 W. William Cannon Drive, Suite 609
Austin, Texas 78745
george.hyde@rampage-aus.com
scott.tschirhart@rampage-aus.com
Counsel for Appellant
/s/ N. Terry Adams, Jr.
N. Terry Adams, Jr.
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