ACCEPTED
03-14-00771-CV
4263129
THIRD COURT OF APPEALS
AUSTIN, TEXAS
2/24/2015 2:53:05 PM
JEFFREY D. KYLE
CLERK
NO. 03-14-00771-CV
FILED IN
In The 3rd COURT OF APPEALS
AUSTIN, TEXAS
Third Court of Appeals 2/24/2015 2:53:05 PM
JEFFREY D. KYLE
AT AUSTIN, TEXAS Clerk
Sanadco Inc., Mahmoud A. Isba, Broadway Grocery, Inc., Shariz, Inc.,
Ruby & Sons Store, Inc., and Rubina Noorani,
APPELLANTS
VS.
The Office of the Comptroller of Public Accounts; Glenn Hegar, in his
individual and official capacities as Comptroller of Public Accounts for
the State of Texas; and Ken Paxton in his official capacity as Attorney
General of the State of Texas,
APPELLEES
__________________________________________________________
Appeal From Cause No D-1-GN-13-4352
The 200th District Court Of Travis County, Texas
The Honorable Charles Ramsay, Presiding
__________________________________________________________
UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE APPELLANTS’ BRIEF IN ACCELERATED APPEAL
___________________________________________________________
TO THE HONORABLE THIRD COURT OF APPEALS:
Appellants, SANADCO, INC. ET AL, pursuant to TEX. R. APP. P. 38.6 (d) and 10.5 (b), move
this Honorable Court to extend the time for filing its Appellant’s Brief, and for cause would
show unto the Court the following:
1. The 200th District Court issued its order denying Appellants’ motion for temporary
orders in Cause No. D-1-GN-13-4352 on November 13, 2014. On December 3, 2014,
Appellants timely filed a Notice of Accelerated Appeal from an Interlocutory Order
Denying a Temporary Injunction. The clerk’s record was filed on January 6, 2015,
and no Reporter’s Record was filed. By order of this Court, the Appellants’ brief is
currently due on March 12, 2015. No prior motion for extension of time to file this
brief has been requested.
2. Counsel for Appellants is a semi-retired solo practitioner with a home office practice
and no staff, who maintains a limited practice complicated by diabetes and
congestive heart failure. This extension of time is being requested because the
undersigned counsel has not had sufficient time to prepare the Appellants’ Brief due
to his involvement in an auto accident on December 28, 2014 resulting in counsel’s
broken neck and rehabilitative treatments.
3. In addition, counsel is involved in the preparation of a Petition for Review in Case
No. 15-0101 in the Texas Supreme Court for which an extension of time has been
granted to March 9, 2015. He is also preparing an as yet unfiled Petition for Writ of
Mandamus to the Texas Supreme Court from a judgment entered in Cause No. D-1-
GN-12-003918 on October 23, 2014. These appeals, coupled with the normal press
of business, have delayed preparation necessary for this appeal.
4. For these reasons, Appellants respectfully request that the Court grant a 30-
day extension of time for filing this Appellants’ Brief, creating a new deadline of
April 13, 2015.
5. This motion is not being sought for delay, but so that the interests of justice may be
served.
WHEREFORE, PREMISES CONSIDERED, Petitioners respectfully move this
Honorable Court to grant this motion for extension of time and extend the time for filing the
Appellants’ Brief in this cause to April 13, 2015.
Respectfully submitted,
Sanadco Inc. and Mahmoud A. Isba, Et Al vs. 2
The Comptroller of Public Accounts, Et Al
Law Office of
Samuel T. Jackson
__/s/ Samuel T Jackson
Texas Bar No. 10495700
PO Box 170633
Arlington, TX 76003-0633
Tel: (512) 692-6260
Fax. 866 -722-9685
jacksonlaw@hotmail.com
ATTORNEY FOR APPELLANTS
CERTIFICATE OF CONFERENCE
I hereby certify that counsel for the parties have conferred concerning this request for
extension of time, and counsel for the Appellees does not oppose this motion.
_/s/ Samuel T Jackson
Samuel T. Jackson
CERTIFICATE OF SERVICE
By my signature above, I hereby certify that a true and correct copy of the above and
foregoing instrument was served on the parties or their attorneys via facsimile, certified mail,
return receipt requested, and/or hand delivery on February 24, 2015, in accordance with the
Texas Rules of Appellate Procedure, to the following:
JACK HOHENGARTEN
Assistant Attorney General
FINANCIAL LITIGATION DIVISION
P.O. Box 12548
Austin, TX 78711-2548
Tel: (512) 475-3503
Fax: (512) 477-2348/480-8327
Email: jack.hohengarten@oag.state.tx.us
Sanadco Inc. and Mahmoud A. Isba, Et Al vs. 3
The Comptroller of Public Accounts, Et Al