ACCEPTED
01-15-00326-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
10/2/2015 4:56:16 PM
CHRISTOPHER PRINE
CLERK
No. 01-15-00326-CV
FILED IN
IN THE COURT OF APPEALS 1st COURT OF APPEALS
FIRST DISTRICT OF TEXAS HOUSTON, TEXAS
HOUSTON, TEXAS 10/2/2015 4:56:16 PM
CHRISTOPHER A. PRINE
Clerk
DON ABBOTT HOLMES, GAYLE EISLER HOLMES, and the COMMUNITY PROPERTY
ESTATE OF DON ABBOTT HOLMES and GALE EISLER HOLMES,
V.
JETALL COMPANIES, INC.
On Appeal from the 127th Judicial District Court
Harris County, Texas
APPELLEE’S SECOND MOTION TO EXTEND TIME
Lee Keller King
Texas Bar No. 00792016
2500 West Loop South
Suite 255
Houston, Texas 77027
(713) 789-7654
(713) 789-3331 fax
Lee.k@jetallcompanies.com
Attorney for Appellee
Appellee’s 2nd Motion to Extend
Time to File Appellee’s Brief Page 1
APPELLEE’S SECOND MOTION TO EXTEND TIME
Appellee, Jetall Companies, Inc., asks the Court to extend the time to file its Appellee’s
Brief, and would show as follows.
A. Introduction
1. Appellants are Don Abbott Holmes, Gayle Eisler Holmes, and The Community
Property Estate Of Don Abbott Holmes and Gale Eisler Holmes. Appellee is Jetall Companies,
Inc.
2. This motion is filed before the deadline for Appellee to file its Appellee’s Brief.
3. Counsel for Appellants has agreed to the granting of the relief sought in this motion.
B. Argument & Authorities
4. The Court may grant an extension of time under the authority of Rule 38.6(d) of
the Texas Rules of Appellate Procedure.
5. The deadline to file Appellee’s Brief is October 9, 2015 and this motion is filed
prior to that date.
6. Appellee requests an additional 30 days to file its Appellee’s Brief, extending the
time until Monday, November 9, 2015.
7. This is the second motion to extend the time to file Appellee’s Brief.
8. The Court has previously granted a 30-day extension to file their Appellants’ Brief.
9. Appellee needs additional time to file Appellee’s Brief because of difficulties in
obtaining qualified appellate counsel and because overseas travel on urgent personal business has
caused Appellee’s decision maker to be unavailable for periods of time and therefore unable to
retain appellate counsel.
Appellee’s 2nd Motion to Extend
Time to File Appellee’s Brief Page 2
C. Conclusion
10. Appellee has shown that Appellants are agreed to the granting of this motion, the
Court has the authority to grant Appellee an extension, and there is good cause to grant the
requested extension.
D. Prayer
11. For these reasons, Appellee asks the Court to grant an extension of time to file
Appellee’s Brief until November 9, 2015.
/s/Lee Keller King
Texas Bar No. 00792016
2500 West Loop South
Suite 255
Houston, Texas 77027
(713) 789-7654
(713) 789-3331 fax
Lee.k@jetallcompanies.com
Attorney for Appellee
CERTIFICATE OF CONFERENCE
I certify that I conferred with Mr. Martin J. Siegel, counsel for Appellants, by telephone on
October 1, 2015, and he has agreed and is unopposed to the forgoing Appellee’s Motion to Extend
Time.
/s/ Lee Keller King
Appellee’s 2nd Motion to Extend
Time to File Appellee’s Brief Page 3
CERTIFICATE OF SERVICE
I hereby certify that I served a copy of the forgoing motion on all counsel of record, as
listed below, via electronic service on October 2, 2015.
/s/ Lee Keller King
Martin J. Siegel
Texas State Bar No. 18342125
LAW OFFICES OF MARTIN J. SIEGEL, P.C.
Bank of America Center
700 Louisiana Street, Suite 2300
Houston, TX 77002
Tel.: (281) 772-4568
Martin@siegelfirm.com
Geoffrey Berg
Texas Bar No. 00793330
BERG FELDMAN JOHNSON
BELL, LLP
4203 Montrose Blvd., Suite 150
Houston, Texas 77006
Tel.: (713) 526-0200
Gberg@bfjblaw.com
Appellee’s 2nd Motion to Extend
Time to File Appellee’s Brief Page 4
Don Abbott Holmes and Gayle Eiser Holmes v. Jetall Companies, Inc.
Combined Opinion