the City of Galveston, Texas v. Joe Murphy, Yoram Ben-Amram and Galtex Development, LLC

ACCEPTED 14-14-00222-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 1/27/2015 6:07:35 AM CHRISTOPHER PRINE CLERK No. 14-14-00222-CV In the Fourteenth Court of Appeals FILED IN At Houston, Texas 14th COURT OF APPEALS HOUSTON, TEXAS 1/27/2015 6:07:35 AM THE CITY OF GALVESTON, TEXAS CHRISTOPHER A. PRINE Clerk V. JOE MURPHY, YORAM BEN-AMRAM AND GALTEX DEVELOPMENT LLC MOTION FOR EXTENSION OF TIME IN WHICH TO FILE REQUEST FOR REHEARING AND REQUEST FOR REHEARING EN BANC (Unopposed) TO THE HONORABLE FOURTEENTH COURT OF APPEALS: Pursuant to TRAP 10.5 and 49.8, Appellees Joe Murphy, Yoram Ben Amram and Galtex Development LLC hereby request an extension of thirty days, to and including Wednesday, February 12, 2015 in which to file a Motion for Rehearing and Motion for Rehearing En Banc. The Opinion of the Court was issued on January 13, 2015. Any motion for Rehearing would be initially due by Wednesday, January 28. This is a first request for such extension. Good cause exists for the requested extension. The Opinion of January 13 is relatively complicated and in the view of Appellees counsel raises serious issues for both sides on remand. The same opinion also appears to raise serious issues concerning proper application of the standard of review and related presumptions on appeal. This Motion is Unopposed. In the event that Appellant The City of Galveston seeks an extension, such request will not be opposed by Appellees. Prayer Appellees accordingly request an extension through and including Wednesday, February 28, 2015 in which to file a Motion for Rehearing and Motion for Rehearing En Banc. 1 Respectfully submitted, /s/Mark W. Stevens Mark W. Stevens TBN 19184300 PO Box 8118 Galveston, Texas 77553 409.765.6306 Fax 409.765.6469 Email: markwandstev@sbcglobal.net Counsel for Appellees Certificate of Conference This will certify that on January 26, 2015 I conferred by telephone with David Salyer of McLeod, Alexander, Powell & Apffel (Lead Counsel for The City of Galveston) and Mr. Salyer advises that the City does not oppose this Motion for Extension of Time. /s/Mark W. Stevens Mark W. Stevens Certificate of Compliance This will certify that the text of the foregoing Motion contains 178 words. /s/Mark W. Stevens Mark W. Stevens Certificate of Service A true and correct copy of the foregoing instrument has been served upon Mr. David Salyer and Ms. Jocylen Holland, McLeod, Alexander, Powel & Apffel via electronic means on January 27, 2015. /s/Mark W. Stevens Mark W. Stevens 2