ACCEPTED
04-15-00617-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
12/9/2015 4:36:23 PM
KEITH HOTTLE
CLERK
NO. 04-15-00617-CV
_________________________________________________________________
FILED IN
4th COURT OF APPEALS
IN THE FOURTH DISTRICT COURT OF APPEALS SAN ANTONIO, TEXAS
SAN ANTONIO, TEXAS 12/9/2015 4:36:23 PM
_________________________________________________________________
KEITH E. HOTTLE
Clerk
TONI COMBEST,
Appellant
VS.
MUSTANG MINERALS, LLC,
Appellee
_________________________________________________________________
On Appeal from the 218th District Court
Cause No. 14-08-00144-CVL, LaSalle County, Texas
the Honorable Donna S. Rayes, Presiding
_________________________________________________________________
AGREED MOTION TO EXTEND TIME TO FILE
BRIEF OF APPELLEE
_________________________________________________________________
Appellee Mustang Minerals, LLC (“Mustang”) respectfully files this Motion
to Extend Time to File Brief of Appellee (the “Motion”). In support of the Motion,
Mustang shows the Court as follows:
I.
DUE DATE
Mustang’s Brief of Appellee is currently due on December 25, 2015.
Mustang seeks an additional thirty (30) days to file its brief, making the new
deadline Monday, January 25, 2016.
AGREED MOTION TO EXTEND TIME TO FILE BRIEF OF APPELLEE Page 1
II.
MUSTANG’S FIRST AND ONLY REQUEST FOR AN EXTENSION OF
TIME TO FILE ITS BRIEF OF APPELLEE
This is Mustang’s first request for an extension of time to file its Brief of
Appellee. And, it will be Mustang’s only request for an extension to file its Brief of
Appellee. If the request is granted, Mustang stipulates and agrees that it will not
seek additional time to file its Brief of Appellee.
III.
REASONS FOR EXTENSION OF TIME
Due to the nature of the following circumstances and conflicts, it is not
reasonably possible for the undersigned counsel, who has the primary
responsibility for preparing and filing Mustang’s Brief of Appellee, to perform the
tasks necessary to prepare, finalize, and file a thorough and accurate Brief of
Appellee by the current deadline:
1) undersigned counsel offices in a historic building in Weatherford,
Texas that is well over 100 years old. Weatherford received
approximately seven to eight inches of rain between November 26-
30, 2015. Due to the excessive amount of rain and the age and
structure of the office building, an exterior wall collapsed, causing
catastrophic damage to the building. Appellee’s counsel has been
unable to access his office or his files for a number of days, has
AGREED MOTION TO EXTEND TIME TO FILE BRIEF OF APPELLEE Page 2
had to relocate to a temporary office, and will have to relocate
once again in the coming weeks;
2) undersigned counsel is scheduled to attend Continuing Legal
Education in San Antonio on December 10-11, 2015; and
3) undersigned counsel has a pre-planned family vacation from
December 17-24, 2015.
IV.
EXTENSION SOUGHT IN THE INTEREST OF JUSTICE
The extension sough is not for the purpose of delay, but rather, in the interest
of justice.
V.
APPELLANT DOES NOT OPPOSE A THIRTY (30) DAY EXTENSION
On December 2, 2016, co-counsel for Mustang, Mark Barret, conferred with
counsel for Appellant regarding the contents of this Motion, and counsel for
Appellant confirmed that Appellant does not oppose a thirty (30) day extension. As
demonstrated above, the requested extension is needed.
VI.
PRAYER FOR EXTENSION
WHEREFORE, PREMISES CONSIDERED, Mustang respectfully requests
an extension of time of thirty (30) days, until January 25, 2016, to file its Brief of
Appellee and for such other and further relief to which it may show itself entitled.
AGREED MOTION TO EXTEND TIME TO FILE BRIEF OF APPELLEE Page 3
Respectfully submitted,
/s/ David D. Rapp
David D. Rapp
State Bar No. 24027764
david@ektexas.com
Mark B. Barret
State Bar No. 24092087
mark@ektexas.com
EGGLESTON KING, LLP
102 Houston Avenue
Weatherford, TX 76086
Telephone: (817) 596-4200
Telecopier: (817) 596-4269
ATTORNEYS FOR APPELLEE
MUSTANG MINERALS, LLC
CERTIFICATE OF CONFERENCE
I hereby certify that, on or December 2, 2016, I communicated with Sameer
Mandke and Kevin Schield, counsel for Appellant in this matter, and both
informed me that Appellant does not opposes this Motion.
/s/ Mark B. Barret
Counsel for Appellee
AGREED MOTION TO EXTEND TIME TO FILE BRIEF OF APPELLEE Page 4
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the
foregoing instrument was served electronically through the electronic filing
manager, if the email address of the attorney below was on file with the electronic
filing manager, or by e-mail as indicated below, upon the following attorneys on
this 9th day of December, 2015, at the time of the filing of the foregoing
instrument:
/s/ David D. Rapp
Counsel for Appellee
Sameer Mandke
TX State Bar No. 24065670
sameer@gkmpllc.com
Robert F. Gilbert
TX State Bar No. 24059321
gilbert@gkmpllc.com
GILBERT MANDKE, PLLC
10100 Kleckley #15-B
Houston, Texas 77075
Telephone: 832.316.5322
Fax: 713.341.9062
Kevin Schield
TX State Bar No. 24075025
Kevin.schield@schieldlaw.com
3611 Leadville Drive
Austin, Texas 78749
Telephone: 512.910.5095
AGREED MOTION TO EXTEND TIME TO FILE BRIEF OF APPELLEE Page 5