ACCEPTED
01-15-00478-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
11/12/2015 12:22:43 PM
CHRISTOPHER PRINE
CLERK
NO. 01-15-00478-CV
FILED IN
1st COURT OF APPEALS
In the First District Court of Appeals HOUSTON, TEXAS
11/12/2015 12:22:43 PM
Houston, Texas
CHRISTOPHER A. PRINE
__________________ Clerk
AMERICAN ZURICH INSURANCE COMPANY,
Appellant,
v.
DANIEL SAMUDIO,
Appellee.
__________________
ON APPEAL FRO M TH E 127 TH D ISTRIC T C O U RT
H ARRIS C O UN TY , T EXAS
__________________
APPELLEE’S UNOPPOSED SECOND MOTION FOR EXTENSION
OF TIME TO FILE BRIEF OF APPELLEE
TO THE HONORABLE JUSTICES OF THE FIRST COURT OF APPEALS:
Appellee Keith Morris, as the administrator of the Estate of Daniel Samudio
(“Samudio”), files this unopposed second motion for extension of time requesting an
additional twenty-eight (28) days to file his Brief of Appellee.
1.
Samudio’s Brief of Appellee is currently due on November 25, 2015.
2.
Under Rule 38.6 of the Texas Rules of Appellate Procedure, Samudio requests
a 30-day extension until Wednesday, December 23, 2015, to file his brief.
3.
This extension is necessary because of counsel’s obligations to other clients.
Samudio’s appellate counsel, Byron Keeling, has the following conflicts that require
the requested extension:
a. Flatrolled Steel, Inc. v. Nolan Richardson et al., Cause No. 2014-26092,
in the 11th Judicial District Court of Harris County, Texas. Mr. Keeling
is trial counsel for Defendants, whose Plea to the Jurisdiction was filed
on November 9, 2015, and is set for hearing on November 23, 2015.
b. Dylan Daniels v. Katy Martial Arts & Fitness, LLC et al., Cause No. 10-
DCV-179834, in the 240th Judicial District Court of Fort Bend County,
Texas. Mr. Keeling is appellate counsel for Defendant E-Lam
Properties, LLC, and is preparing for the hearing on Defendant’s motion
for trial, which is set for December 7, 2015.
Additionally, Mr. Keeling is corporate counsel for two companies that are in the
midst of significant negotiations and due diligence for a large confidential asset
purchase transaction which is expected to close on November 30, 2015.
4.
Samudio requests this extension due to unavoidable conflicts and so that justice
may be done, not for the purpose of delay. This request for extension is unopposed.
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5.
Samudio has previously requested one other extension of time for the filing of
his Brief of Appellee.
For these reasons, Appellee Keith Morris, as the administrator of the Estate of
Daniel Samudio, respectfully requests that the Court grant an extension of time until
and including December 23, 2015, for the filing of his Brief of Appellee and award
him all such other and further relief to which he may be justly entitled.
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Respectfully submitted,
KEELING & DOWNES, P.C.
/S/ Byron C. Keeling
By:__________________________________
Byron C. Keeling
State Bar No. 11157980
bck@keelingdownes.com
Anna E. Williams
State Bar No. 24088638
aew@keelingdownes.com
1500 McGowen, Suite 220
Houston, Texas 77004
Telephone: (832) 214-9900
Facsimile: (832) 214-9908
DOYLE LLP
Michael P. Doyle
State Bar No. 06095650
mdoyle@doylelawfirm.com
Patrick M. Dennis
State Bar No. 24045777
pdennis@doylelawfirm.com
2402 Dunlavy Street, Suite 200
Houston, Texas 77006
Telephone: (713) 571-1146
Facsimile: (713) 571-1148
COUNSEL FOR APPELLEE
DANIEL SAMUDIO
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CERTIFICATE OF CONFERENCE
I certify that on November 11, 2015, I conferred by email with Robert D.
Stokes, counsel for Appellant. Mr. Stokes confirmed that Appellant is not opposed
to the relief requested in this motion.
/S/ Anna E. Williams
______________________________
Anna E. Williams
CERTIFICATE OF SERVICE
I hereby certify that on the 12th day of November, 2015, the foregoing
document was forwarded to the following via electronic service:
Mr. Robert D. Stokes
Mr. Gregory D. Solcher
Mr. David Owen Cluck
Flahive, Ogden & Latson
P.O. Box 201329
Austin, Texas 78720
Telephone: (512) 435-2150
Facsimile: (512) 241-3305
Counsel for Appellant
American Zurich Insurance Company
/S/ Byron C. Keeling
____________________________
Byron C. Keeling
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