Gattis Electric, Inc. v. Theresa Marie Mann, Individually and as Guardian of the Person and Estate of James Lawhon

ACCEPTED
03-14-00080-CV
6869837
THIRD COURT OF APPEALS
AUSTIN, TEXAS
9/10/2015 2:41:06 PM
JEFFREY D. KYLE
CLERK
NO. 03-14-00080-CV
______________________________________
FILED IN
3rd COURT OF APPEALS
IN THE COURT OF APPEALS AUSTIN, TEXAS
THIRD JUDICIAL DISTRICT 9/10/2015 2:41:06 PM
AUSTIN, TEXAS JEFFREY D. KYLE
______________________________________ Clerk

GATTIS ELECTRIC, INC.
Appellant,

v.

THERESA MARIE MANN, INDIVIDUALLY, AND AS GUARDIAN OF THE
PERSON AND ESTATE OF JAMES LAWHON,
Appellee.
______________________________________

On Appeal from the 126th Judicial District Court
of Travis County, Texas
Trial Court No. D-1-GN-12-001971
______________________________________

APPELLANT’S MOTION TO EXTEND TIME
TO FILE MOTION FOR REHEARING OR
EN BANC RECONSIDERATION
______________________________________

TO THE HONORABLE THIRD COURT OF APPEALS:

Appellant, Gattis Electric, Inc., (“Gattis”) pursuant to Texas Rules of

Appellate Procedure 49.8 and 10.5(b), requests this Court to extend time to file a

motion for rehearing or motion for en banc reconsideration in this cause for fifteen

(15) days:
 1. On August 26, 2015, this Court issued an opinion and judgment

affirming the trial court judgment.

2. Any motion for rehearing or motion for en banc reconsideration is due

September 10, 2015. TEX. R. APP. P. 49.1.

3. This is Appellant’s first motion for extension of time to file a motion

for rehearing or motion for en banc reconsideration and Appellant requests an

additional fifteen (15) days, up to and including Friday, September 25, 2015, in

which to file a motion for rehearing or motion for en banc reconsideration.

4. As grounds for the extension, counsel for Appellant states the

following. Appellant’s counsel has been unable to complete a motion for rehearing

within the period allotted by the rules due to his involvement in the following

matters, which have required immediate attention:

(a) Extensive preparation for a hearing to appoint receiver in No.
2014-30215; In the Matter of the Marriage of Evangelina Lopez
Guzman and Miguel Zaragoza Fuentes; in the 245th Judicial
District Court of Harris County, Texas; which hearing was
scheduled for August 24, 2015, and was a date assigned by the
court before Appellees’ Brief was filed. Many witnesses flew
into Houston from other countries the week before August 24,
2015 to prepare for the hearing, and the undersigned counsel
spent at least three days in preparation for the hearing.

(b) Research and preparation of Appellant’s Reply Brief in No. 15-
50128; Harbor America Central, Inc. v. United States; in the
United States Court of Appeals for the Fifth Circuit; due and
filed August 27, 2015.

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 (c) Research and preparation of an emergency motion to set aside a
default judgment in No. 82302-CV; Ramsey v. Ironman
Express, LLC, et al.; in the 412th Judicial District Court of
Brazoria County, Texas; due August 27, 2015. A motion to set
aside a default judgment requires immediate attention, and in
this case, also requires preparation of a motion to extend
appellate deadlines under Texas Rule of Civil Procedure 306a.
The motion must be supported by affidavits of witnesses, and
the preparation of these motions have consumed substantial
time of Appellants’ counsel. There is a hearing set for
September 11, 2015 on this motion, for which counsel has also
been preparing.

(d) Research and preparation of Appellee’s brief in No. 14-15-
00354-CV; Petrofac v. Immi Turbines, Inc.; in the Fourteenth
Court of Appeals; which was originally due July 27, 2015. This
is an accelerated appeal of a special appearance ruling. Counsel
has filed two motions to extend time to file the Appellee’s brief,
which is currently due September 14, 2015.

(e) Research and preparation of a petition for writ of certiorari in
No. 14-0715; In re: Miguel Zaragoza Fuentes; an original
proceeding following the denial of a special appearance in
family court. The petition for writ of certiorari is due
September 17, 2015.

(f) Research and preparation of a petition for writ of mandamus in
C.A. No. 4:12-cv-1206; Aetna Life Ins. Co. v. Humble Surgical
Hospital, LLC; in the United States District Court for the
Southern District of Texas, Houston Division. The mandamus
petition is currently in preparation and has not yet been filed.

5. Appellant seeks this extension not for delay, but to allow counsel

sufficient time to prepare a concise reply brief to assist with the Court’s decision

making.

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 PRAYER

For the above reasons, Appellant, Gattis Electric, Inc., respectfully requests

this Court to grant an extension of time to file a motion for rehearing or motion for

en banc reconsideration up to and including September 25, 2015. Appellant

further requests general relief.

Respectfully submitted,

CHAMBERLAIN, HRDLICKA, WHITE,
WILLIAMS & AUGHTRY

By: /s/ Kevin Jewell
Kevin D. Jewell
State Bar No. 00787769
1200 Smith Street, Suite 1400
Houston, Texas 77002
Telephone: (713) 658-1818
Telecopier: (713) 658-2553

ATTORNEYS FOR APPELLANT,
GATTIS ELECTRIC, INC.

CERTIFICATE OF CONFERENCE

The undersigned counsel for Appellant attempted to confer with counsel for
Appellee by email on September 10, 2015. As of this filing, it is unknown whether
Appellee is unopposed or opposed to the relief sought in this motion.

/s/ Kevin Jewell
Kevin D. Jewell

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 CERTIFICATE OF SERVICE

I hereby certify that the foregoing Motion to Extend Time to File Reply Brief
has been forwarded to all parties and/or attorneys of record by the means indicated
below, on this 10th day of September, 2015:

Via facsimile and/or electronic service
D. Todd Smith
Smith Law Group, P.C.
1250 Capital of Texas Highway South
Three Cielo Center, Suite 601
Austin, Texas 78746

Via facsimile and/or electronic service
Henry Moore
Jayme Bomben
316 W. 12th St., Suite 318
Austin, Texas 78701

Via facsimile and/or electronic service
Sally S. Metcalfe
Metcalfe Law, P.L.L.C.
901 South Mopac Expressway
Plaza One, Suite 300
Austin, Texas 78746

/s/ Kevin Jewell
Kevin D. Jewell

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