ACCEPTED
04-14-00614-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
3/12/2015 6:19:50 PM
KEITH HOTTLE
CLERK
No. 04-14-00614-CV
In The Fourth Court of Appeals
FILED IN
San Antonio, Texas 4th COURT OF APPEALS
SAN ANTONIO, TEXAS
03/12/2015 6:19:50 PM
HECTOR GONZALEZ, KEITH E. HOTTLE
Clerk
Appellant
v.
ATENEA CAPITAL MARKETS FUND, L.P.,
Appellee
First Unopposed Motion for Extension of Time
to File Appellee’s brief
Lance Geppert
Attorney at Law
8000 West Ave., Suite 1
Castle Hills, Texas 78213
Telephone: (210) 888-9836
Facsimile: (210) 855-9990
email: lgeppert@grandecom.net
Attorney for Appellee
TO THE HONORABLE FOURTH COURT OF APPEALS:
Pursuant to TEX. R. APP. P. 10.1 and 38.6(d), the Appellee Atenea Capital
Markets Fund, L.P. (“Appellee” herein), files this its Unopposed First Motion to Extend
Time to File Appellant’s Brief.
Appellee’s responsive brief is currently due on March 12, 2015.
Counsel for Appellee requests a thiry (30) day extension of time to file its brief,
making the brief due on April 11, 2015. This is the first request for extension of time to
file the Appellee's Brief.
Counsel for Appellee relies on the following reasons, in addition to the routine
matters that counsel must attend to in daily practice, to explain the need for the
requested extension:
The Appellant first submitted his Appendix on February 23, 2015 and resubmitted
it on March 3, 2015 and the Appendix has still not been accepted/approved by the Court.
As of the date of this Motion, the clerk is waiting for the cover sheet and service
information to be corrected. The Appellee would like to wait to file its brief until after
the Appendix to Appellant's brief has been accepted in whole.
Counsel for Appellee has been completing other deadlines and other matters in his
practice and seeks this extension of time to be able to prepare a cogent and succinct brief
to aid this Court in its analysis of the issues presented. This request is not sought for
delay but so that justice may be done.
The undersigned has conferred with opposing counsel, and he/she has indicated
that his client does not oppose this motion.
All facts recited in this motion are within the personal knowledge of the counsel
signing this motion, therefore no verification is necessary under Rule of Appellate
Procedure 10.2.
PRAYER FOR RELIEF
For the reasons set forth above, Appellee Atenea Capital Markets Fund, L.P.
requests that this Court grant this Unopposed First Motion to Extend Time to File
Appellee’s Brief and extend the Deadline for Filing the Appellee’s Brief up to and
including April 11, 2015. Appellee further requests all other relief to which it may be
entitled.
Respectfully submitted,
/s/ Lance Gepppert_________________
Lance Geppert
Attorney at Law
8000 West Ave., Suite 1
Castle Hills, Texas 78213
Telephone: (210) 888-9836
Facsimile: (210) 855-9990
lgeppert@grandecom.net
CERTIFICATE OF CONFERENCE
I certify that I conferred with counsel for Appellee/Appellant regarding this motion and
that Appellant is not opposed to this motion.
/s/ Lance Geppert
Lance Geppert, Attorney for Appellee
CERTIFICATE OF SERVICE
I certify that on March 12, 2015, I mailed a copy of this motion to the following counsel
by electronic service and facsimile.
George D. Durham Via facsimile at (956) 524-5153 and email
517 W. Nolana, Suite 6
McAllen, Texas 78504
gsklawfirm@gmail.com
/s/ Lance Geppert
Lance Geppert, Attorney for Appellee