Board of Adjustment of the City of San Antonio v. Michael and Theresa Hayes

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ACCEPTED 04-15-00021-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 7/22/2015 3:22:34 PM KEITH HOTTLE CLERK NO. 04-15-00021-CV FILED IN IN THE 4th COURT OF APPEALS SAN ANTONIO, TEXAS COURT OF APPEALS FOR THE 07/22/2015 3:22:34 PM FOURTH COURT OF APPEALS DISTRICT KEITH E. HOTTLE SAN ANTONIO, TEXAS Clerk ______________ BOARD OF ADJUSTMENT FOR THE CITY OF SAN ANTONIO APPELLANT VERSUS MICHAEL AND THERESA HAYES APPELLEES ______________ APPEAL FROM THE COUNTY COURT AT LAW NUMBER TEN, BEXAR COUNTY, TEXAS NO. 2014CV00284 Motion for Extension of Time to File Brief of Appellees Appellees Michael and Theresa Hayes file this Motion for Extension of Time to File Brief of Appellees. 1. After obtaining one extension, Appellant filed its Brief of Appellant on July 8, 2015. After that date, the undersigned agreed to appear in this matter as additional appellate counsel for Appellees. 2. Appellees hereby request an extension for filing their brief. Lead appellate counsel for Appellees has a previously-planned vacation over most of the next two {MOTION~1} weeks. Lead appellate counsel also has deadlines in numerous cases over the next month including: a. Steve Cooper, et al. v. Texas Alcoholic Beverage Commission, et al.; Docket No. 14-51343, in the United States Court of Appeals for the Fifth Circuit; b. Young Chevrolet, Inc., et al. v. Texas Commission on Environmental Quality, et al.; in the Court of Appeals for the Third Court of Appeals District, Austin, Texas; c. Miguel Rishmague, et al. v. Robert Winter, et al., Docket No. 14-11118, in the United States Court of Appeals for the Fifth Circuit. 3. Appellees therefore request a 30-day extension of the deadline for filing their brief such that the brief will be due on or before September 7, 2015. 4. Counsel for Appellees contacted counsel for Appellant, who indicated that the requested extension is unopposed. 5. This is Appellees’ first request for an extension for filing of their Brief of Appellees and the extension is not sought for delay, but so that justice may be had. WHEREFORE Appellees pray that this Motion be granted such that Appellees’ Brief be considered timely filed on or before September 7, 2015, and this Court award Appellees such other and further relief, both general and special, at law or in equity, to which they may be entitled. {MOTION~1} – 2 – Respectfully submitted, PULMAN, CAPPUCCIO, PULLEN, BENSON & JONES, LP 2161 NW Military Highway, Suite 400 San Antonio, Texas 78213 www.pulmanlaw.com (210) 222-9494 Telephone (210) 892-1610 Facsimile By: /s/ Leslie Sara Hyman Elliott S. Cappuccio State Bar No. 24008419 ecappuccio@pulmanlaw.com Leslie Sara Hyman Texas State Bar No. 00798274 lhyman@pulmanlaw.com Brennan R. Kucera State Bar No. 24076491 bkucera@pulmanlaw.com EARL & ASSOCIATES, P.C. David L. Earl Texas State Bar No. 06343030 Megan J. Clay Texas State Bar No. 24077729 601 NW Loop 410, Suite 390 San Antonio, Texas 78216 (210) 222-1500 Telephone (210) 222-9100 Facsimile ATTORNEYS FOR APPELLEES MICHAEL AND THERESA HAYES {MOTION~1} – 3 – CERTIFICATE OF SERVICE I hereby certify that on the 22nd day of July, 2015, the foregoing Motion for Extension of Time to File Brief of Appellees has been transmitted by electronic service in accordance with the requirements of the Texas Rules of Appellate Procedure addressed as follows: Via Email: alopezoffice@gmail.com Albert López Law Offices of Albert López 14310 Northbrook Drive, Suite 200 San Antonio, Texas 78232 /s/ Leslie Sara Hyman Leslie Sara Hyman {MOTION~1} – 4 –