ACCEPTED
02-18-00145-CV
SECOND COURT OF APPEALS
FORT WORTH, TEXAS
5/25/2018 4:13 PM
DEBRA SPISAK
CLERK
CASE NO. 02-18-00145-CV
FILED IN
In the Court of Appeals for 2nd COURT OF APPEALS
FORT WORTH, TEXAS
the Second District of Texas 5/25/2018 4:13:11 PM
at Fort Worth DEBRA SPISAK
Clerk
*****************************
HALTOM CITY ECONOMIC DEVELOPMENT CORPORATION,
Appellant,
v.
KENT FLYNN, d/b/a FLYNN & COMPANY AND d/b/a SFC SERVICES,
Appellee.
*****************************
Interlocutory appeal from Cause No. 153-276438-15
in the 153rd Judicial District Court of Tarrant County, Texas
the Honorable Susan Heygood McCoy Presiding
*****************************
MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF
*****************************
Respectfully submitted,
Fredrick “Fritz” Quast
Texas Bar No. 24032974
fquast@toase.com
Wayne K. Olson
Texas Bar No. 15276900
wolson@toase.com
Drew A. Larkin
Texas Bar No. 24060131
dlarkin@toase.com
Taylor, Olson, Adkins, Sralla & Elam, L.L.P.
6000 Western Place, Suite 200
Fort Worth, Texas 76107-4654
Telephone: (817) 332-2580
Fax: (817) 332-4740
ATTORNEYS FOR APPELLANT,
HALTOM CITY ECONOMIC
DEVELOPMENT CORPORATION
CASE NO. 02-18-00145-CV
In the Court of Appeals for
the Second District of Texas
at Fort Worth
*****************************
HALTOM CITY ECONOMIC DEVELOPMENT CORPORATION,
Appellant,
v.
KENT FLYNN, d/b/a FLYNN & COMPANY AND d/b/a SFC SERVICES,
Appellee.
*****************************
MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF
*****************************
TO THE HONORABLE JUSTICES OF THE SECOND COURT OF APPEALS:
Appellant Haltom City Economic Development Corporation (HCEDC) files
this first unopposed Motion for Extension of Time to File Appellant’s Brief.
HCEDC will show the Court as follows:
1. Facts
This is an interlocutory appeal from an order signed April 11, 2018.
HCEDC filed a notice of appeal and a clerk’s record request on April 30, 2018, and
May 1, 2018, respectively.1 HCEDC did not request a reporter’s record. On May
11, 2018, the court reporter asked by email if the undersigned required a reporter’s
1
The appellate record was due ten days after the date the notice of appeal was filed, or May 10,
2018. Tex. R. App. P. 35.1(b).
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record, and the undersigned responded none would be needed. The same day
Appellee filed a request for a reporter’s record of the hearing on the plea to the
jurisdiction held March 22, 2018. Just today, the undersigned discovered that the
reporter’s record has not been filed with the court of appeals and is not available
via the attorney portal. Communications with opposing counsel and the court
reporter today indicate: (1) the requested reporter’s record has been prepared; but
(2) the reporter’s record has not been filed with this Court because the request by
Appellee was filed after the due date for the appellate record; and (3) counsel for
Appellee still desire to have the reporter’s record as part of the appellate record in
this case.
2. The Extension Requested
Appellant’s brief is currently due on Tuesday, May 29, 2018. HCEDC
seeks an extension of this deadline for thirty (30) days, until and including
Thursday, June 28, 2018.
3. Grounds for Extension
A reasonable explanation and good cause for the need for more time to file
the brief exists because, as explained above, Appellee’s counsel still desires to
have the reporter’s record included in the appellate record, and intends to rely on
that transcript in Appellee’s brief. The undersigned prefers to have access to and
review this transcript before filing HCEDC’s principal brief. Appellee does not
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oppose the requested thirty (30) day extension. This should allow sufficient time
for the reporter’s record to be filed and reviewed by the undersigned counsel.2
Finally, this is the first motion for extension of time sought by HCEDC. The
extension is not sought for purposes of delay, but so that justice may be done.
4. Verification
Verification of this motion is not required pursuant to Rule 10.2 of the Texas
Rules of Appellate Procedure because the facts in support of this motion are either
within the appellate record, or are within the personal knowledge of the
undersigned counsel. Tex. R. App. P. 10.2.
REQUEST FOR RELIEF
For the reasons stated, HCEDC requests this Court grant the requested
extension of time. HCEDC seeks an extension of time to file Appellant’s brief for
a period of thirty (30) days, until and including Thursday, June 28, 2018.
2
HCEDC will not oppose any reasonable motion or other extension needed to have the
reporter’s record filed with this Court.
4
Respectfully submitted,
/s/ Fredrick “Fritz” Quast
Fredrick “Fritz” Quast
Texas Bar No. 24032974
fquast@toase.com
Wayne K. Olson
Texas Bar No. 15276900
wolson@toase.com
Drew A. Larkin
Texas Bar No. 24060131
dlarkin@toase.com
Taylor, Olson, Adkins, Sralla &
Elam, L.L.P.
6000 Western Place, Suite 200
Fort Worth, Texas 76107-4654
Telephone: (817) 332-2580
Fax: (817) 332-4740
ATTORNEYS FOR APPELLANT,
HALTOM CITY ECONOMIC
DEVELOPMENT CORPORATION
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CERTIFICATE OF SERVICE
A true and correct copy of the foregoing brief was served through the
electronic filing manager or email pursuant to Rule 9.5(b) on May 25, 2018, to the
following counsel:
Attorneys for Appellee:
Stephen Tatum
statum@canteyhanger.com
David Fielding
dfielding@canteyhanger.com
Christopher A. Brown
cbrown@canteyhanger.com
Cantey Hanger LLP
Cantey Hanger Plaza
600 West 6th Street, Suite 300
Fort Worth, Texas 76102-3685
/s/ Fredrick “Fritz” Quast
Fredrick “Fritz” Quast
CERTIFICATE OF CONFERENCE
A conference was held on the merits of this motion on May 25, 2018,
between counsel for Appellee, Mr. David Fielding., and the undersigned counsel
for Appellant. This motion is unopposed.
/s/ Fredrick “Fritz” Quast
Fredrick “Fritz” Quast
CERTIFICATE OF COMPLIANCE
Pursuant to Rule 9.4(3) of the Texas Rules of Appellate Procedure, the
undersigned authority hereby certifies that according to the word processing
software used to prepare this filing, the word count of this document is 463.
/s/ Fredrick “Fritz” Quast
Fredrick “Fritz” Quast
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