ACCEPTED
01-15-00597-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
9/28/2015 12:00:00 AM
CHRISTOPHER PRINE
CLERK
Cause No. 01-15-597-CV
In The FILED IN
1st COURT OF APPEALS
Court of Appeals HOUSTON, TEXAS
9/28/2015 9:40:00 AM
for the CHRISTOPHER A. PRINE
Clerk
First Appellate District
Houston, Texas
LEVENT ULUSAL,
Appellant
V.
LENTZ ENGINEERING, L.C.
Appellee
APPELLEE'S FIRST MOTION FOR
EXTENSION OF TIME
TO FILE BRIEF
TO THE HONORABLE JUDGES OF SAID COURT:
NOW COMES LENTZ ENGINEERING, L.C., Appellee in the
above styled and numbered cause, and files this its MOTION FOR
EXTENSION OF TIME TO FILE APPELLEE'S BRIEF, and would
respectfully show unto the Court as follows:
This is an appeal of Cause No. 201343934, styled Lentz Engineering,
L.C. v. Solidarity Contracting, LLC and Levent Ulusal, before the 129th
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District Court of Harris County, Texas.
A default judgment was rendered on or about January 9, 2015. A
notice of appeal was filed with the trial court on July 7, 2015.
Appellant filed his brief on or about September 16, 2015. Accordingly,
Appellant's Brief is due on October 16, 2015. Unfortunately, Appellant will
be unable to satisfied this deadline.
As grounds thereof, Appellee has only recently retained Hon. Keith C.
Livesay to assist in its representation before this Court. Counsel Livesay was
not involved with this matter while it was before the trial court. Thus,
significant time is required to review the record.
Furthermore, Counsel Livesay has been and will be busy with the
following items:
Cause No. 15-0580, styled Luis M. Singleterry v.
Reynaldo Ortiz, Rolando L. Rios, Jose Garza and
Martin Golando, before the Supreme Court of Texas:
research re ability of Court of Appeals to disagree
with every other court of appeals, and then claim
holding is consistent with prior decisions; research re
ability of appellate courts to ignore the applicable
law; preparation of Motion for Rehearing of Petition
for Review
Cause No. 13-15-233-CV, styled Rocass L.L.C.,
d/b/a Rocass Homes v. Nancy Zazueta, before the
Court of Appeals for the Thirteenth Appellate
District: research re necessity of proof of necessity
and reasonableness of settlement before it can be
considered as element of damages; preparation of
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Brief of Appellant
Cause No. C-0435-13-A, styled Richard Stubbs v.
City of Weslaco and Veronica Ramirez, before the
92nd District Court of Hidalgo County: preparation
of First Amended Plea in Intervention; preparation of
First Amended Motion for Summary Judgment;
conduct of settlement negotiations
Cause No. C-1690-15-J, styled DG & GG Invest-
ments LLC d/b/a Keystone Construction v. Adrian
Casas Zaragoza and Elida Rocio Alanis, before the
430th District Court of Hidalgo County: preparation
of Plaintiff's Motion to Compel Issuance of Citation
Cause No. C-3145-15-D, The Shoppes At Rio
Grande Valley, L.P., First Hartford Rio Grande
Valley, Inc. and First Hartford Realty Corporation v.
Simon Property Group (Texas), L.P., Simon
Property Group (Delaware), Inc., Golden Ring Mall
Company and Simon Property Group, Inc., before
the 206th District Court of Hidalgo County: research
re standing of parent corporation to obtain
declaratory judgment; preparation of Plaintiffs'
special exceptions to Defendants' Original Answer;
preparation of Plea in Intervention
Cause No. F-3221-15-D, styled In the Matter of the
Marriage of Martha Patricia Fuentes and Jose I.
Fuentes, before the 206th District Court of Hidalgo
County, Texas: conduct of settlement negotiations
Cause No. CL-13-2148-B, styled Rio Valley Main-
tenance d/b/a Electric Wiring and Repair v. First
Cash, Ltd. d/b/a First Cash Pawn, before County
Court at Law No. 2 of Hidalgo County: preparation
of Plaintiff's Motion for Partial Summary Judgment
Cause No. CL-15-2221-F, styled George I. Soto v.
Odyssey Primary Homecare, Inc., Richard R. Molina
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and David Torres, before County Court at Law No. 6
of Hidalgo County, Texas: calculation of value of
business; conduct of settlement negotiations
As a result of such workload, Counsel Livesay cannot complete the brief in
time.
Appellee requests that the deadline to complete the brief be extended
thirty (30) days, i.e. until November 16, 2015.
This motion is not for delay, but so that justice may be done.
WHEREFORE, PREMISES CONSIDERED, LENTZ ENGINEER-
ING, L.C., Appellee in the above styled and numbered cause, respectfully
prays that the deadline to file Appellee's Brief be extended until November 16,
2015, and for all other and further relief, either at law or in equity, to which
Appellee shows itself justly entitled.
Respectfully submitted,
TIMOTHY R. PLOCH
State Bar No. 16073280
LINDA M. TALBOT
State Bar No. 00788504
TIMOTHY R. PLOCH, P.C.
730 North Post Oak Rd., Suite 100
Houston, Texas 77024
(713) 862-4300
(713) 862-7575 (Telecopier)
lawplochstaff@flash.net
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LIVESAY LAW OFFICE
BRAZOS SUITES NO. 9
517 Nolana
McAllen, Texas 78504
(956) 928-0149
RGVAppellateLaw@yandex.com
/s/ KEITH C. LIVESAY
KEITH C. LIVESAY
State Bar No. 12437100
ATTORNEYS FOR APPELLEE,
LENTZ ENGINEERING, L.C.
CERTIFICATE OF CONFERENCE
I, KEITH C. LIVESAY, do hereby certify that I was unable to contact
Counsel for Appellant, Daniel Kistler, concerning the disposition of this
motion because of the date and time this motion is being filed.
/s/ KEITH C. LIVESAY
KEITH C. LIVESAY
CERTIFICATE OF SERVICE
I, KEITH C. LIVESAY, do hereby certify that I have caused to be
delivered by certified mail, regular mail, fax delivery, and/or electronic
delivery, a true and correct copy of the above and foregoing document to
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Appellant's Counsel of Record, Daniel Kistler, 17041 El Camino Real, Suite
204, Houston, Texas 77058 on this the 26th day of September, 2015.
/s/ KEITH C. LIVESAY
KEITH C. LIVESAY
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