Don Abbott Holmes and Gayle Eiser Holmes v. Jetall Companies, Inc.

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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