ACCEPTED
04-15-00056-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
11/17/2015 8:33:13 PM
KEITH HOTTLE
CLERK
No. 04-15-00056-CV
FILED IN
In the Fourth Court of Appeals4thSANCOURT OF APPEALS
ANTONIO, TEXAS
San Antonio, Texas 11/17/2015 8:33:13 PM
KEITH E. HOTTLE
Clerk
GARY HODGE AND ROBERT HART III
Appellants
V.
STEPHEN KRAFT INDIVIDUALLY AND AS MEMBER ON BEHALF OF GRUPO
HABANERO LLC,
Appellee
APPEAL FROM CAUSE NO. D-1-GN-09-001428
225TH JUDICIAL DISTRICT COURT OF BEXAR COUNTY, TEXAS
HON. PETER SAKAI PRESIDING
APPELLANTS’ UNOPPOSED MOTION FOR EXTENSION OF
TIME TO FILE MOTIONS FOR REHEARING AND
RECONSIDERATION EN BANC
TO THE HONORABLE THIRD COURT OF APPEALS:
Appellants Gary Hodge and Robert Hart III file this unopposed
motion for extension of time to file motions for rehearing and
reconsideration en banc. See TEX. R. APP. P. 49.8 (“A court of appeals may
extend the time for filing a motion for rehearing or en banc reconsideration
if a party files a motion complying with Rule 10.5(b) no later than 15 days
after the last date for filing the motion.”). In support of this motion,
Appellants respectfully show the following:
1. This Court rendered its opinion in this matter on November 4,
2015. Accordingly, Appellants’ motions for rehearing and/or reconsideration
en banc are due on November 19, 2015. TEX. R. APP. P. 49.1 (“A motion for
rehearing may be filed within 15 days after the court of appeals' judgment or
order is rendered.”).
2. Appellants request an additional 14 days to file their motions
for rehearing and reconsideration en banc, making the motions due
December 3, 2015. This is Appellants’ first request or an extension of time
to file these motions.
3. Appellants have conferred with counsel for Appellee, who
advised he is not opposed to the relief requested in this motion.
4. Appellants require an extension of time because they have
recently retained the undersigned as their new lead appellate counsel, who
will be solely responsible for filing the motions. [The undersigned counsel
previously filed a motion to substitute counsel, which has not yet been ruled
upon by the Court.]
5. The undersigned counsel is unfamiliar with the record and
requires time to study the record and draft the motions. Additionally, the
undersigned counsel has been and will be occupied with the following:
a. Drafting and filing a petition for discretionary review due
to be filed in the Texas Court of Criminal Appeals on
November 25, 2015 in Cause No. PD-1376-15, Roel
Alvarez Lopez v. State of Texas;
b. Preparing authorities requested by the trial court for
submission on November 19, 2015 in MDL Cause No.
15-0360, In re Fraudulent Hospital Lien Litigation,
pending in the 430th District Court of Hidalgo County,
Texas (pre-trial multidistrict litigation court); and
c. Assisting in drafting the Appellees’ Brief in due to be
filed on November 20, 2015 (extension to November 30,
2015 pending) in Cause No. 14-15-00705-CV, Texas
Shield LLP et al. v. Crowly et al. on behalf of themselves
and all others similarly situated.
6. Appellants have good cause for their request for an extension of
time, which is not sought for purposes of delay but so that their interests can
be adequately represented.
CONCLUSION AND PRAYER
For these reasons, Appellants respectfully request that the Court grant
the previously-filed motion to substitute counsel and grant this motion for
extension of time, making the motions for rehearing and reconsideration en
banc due December 3, 2015. Appellants request any further relief to which
they are justly entitled.
Respectfully submitted,
SMITH LAW GROUP LLLP
/s/ Brandy Wingate Voss
Brandy Wingate Voss
State Bar No. 24037046
820 E. Hackberry Ave.
McAllen, Texas 78501
(956) 683-6330
(956) 225-0406 (fax)
brandy@appealsplus.com
Counsel for Appellants
CERTIFICATE OF CONFERENCE
In compliance with Texas Rule of Appellate Procedure 10.1(a)(5), I
certify that on November 17, 2015, I conferred with appellee’s lead counsel,
Richard Espey, about this motion. Mr. Espey informed me that appellee does
not oppose the relief requested in this motion.
/s/ Brandy Wingate Voss
Brandy Wingate Voss
CERTIFICATE OF SERVICE
On November 17, 2015, in compliance with Texas Rule of Appellate
Procedure 9.5, I served this document by e-service and e-mail to:
Richard W. Espey
Matthew Soliday
Espey & Associates, PC
13750 San Pedro Avenue, Suite 730
San Antonio, TX 78232
Fax: (210) 404-0336
respey@lawespey.com
msoliday@lawespey.com
Attorneys for Appellees
/s/ Brandy Wingate Voss
Brandy Wingate Voss
Gary Hodge and Robert Hart III v. Stephen Kraft Ind. and as Member on Behalf of Grupo Habanero LLC
Combined Opinion