ACCEPTED
01-13-00738-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
3/11/2015 3:01:29 PM
CHRISTOPHER PRINE
CLERK
NO. 01-13-00738-CV
___________________________________________________
FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
IN THE FIRST COURT OF APPEALS 3/11/2015 3:01:29 PM
___________________________________________________
CHRISTOPHER A. PRINE
Clerk
CHRIS WILMOT,
Appellant
V.
HARRY A. BOUKNIGHT, JR.
Appellee
FROM CAUSE NO.: 2010-00373;
Harry A. Bouknight, Jr. v. WCW International, Inc. and Chris Wilmot
IN THE 295TH JUDICIAL DISTRICT COURT OF HARRIS COUNTY, TEXAS
OPPOSED MOTION FOR EXTENSION OF TIME
TO FILE MOTIONS FOR REHEARING AND/OR EN BANC
RECONSIDERATION
TO THE HONORABLE JUSTICES OF SAID COURT:
Pursuant to Rules 10 and 49.8 of the Texas Rules of Appellate Procedure,
Appellant, CHRIS WILMOT (“WILMOT”), files this Motion for Extension of
Time to file his Motions for Rehearing and/or En Banc Reconsideration, asking
this Court to grant WILMOT an extension of Thirty (30) days additional to the
current deadline to file his Motion for Rehearing and/or En Banc Reconsideration
to the Court of Appeals Opinion in this case.
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1.
By an Opinion dated March 3, 2015, the Appellate Court affirmed the lower
court’s decision in this matter. WILMOT desires to file his Motions for Rehearing
and/or En Banc Reconsideration, which Motions for Rehearing and/or En Banc
Reconsideration are currently due to this honorable Court on Wednesday, March
18, 2015. The extension of time to April 17, 2015 will allow for time for
WILMOT’s counsel to properly respond.
2.
This is Appellant WILMOT’s first request for an extension of time to file a
Motion for Rehearing and/or En Banc Reconsideration.
3.
Appellant CHRIS WILMOT therefore respectfully requests an extension of
thirty (30) days to file his Motions for Rehearing and/or En Banc Reconsideration,
until Tuesday, April 17, 2015.
4.
Appellant requests this extension in the interest of justice and because his
attorney, Mr. Michael M. Essmyer, Sr., is currently working on an expedited
appeal in Cause No. 4:11-cr100861, United States v. Mansour Sanjar, et al, In the
United States District Court Southern District of Texas, Judge Vanessa Gilmore
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presiding; 5th Circuit Cause No. 15-20025. The case is a Medicare/Medicaid
alleged fraud case.
Further, Appellant’s counsel is also preparing to file objections to the
granting of a summary judgment by a Federal Magistrate in Galveston in Stanley
Allen, M.D. v. University of Texas Medical Branch at Galveston, Cause No. G-12-
045. Counsel is also responding to a change of venue motion in the 410th Judicial
District Court of Montgomery County, Texas, Shane Smith and Sylvia A. Torres-
Smith v. Linda Smith, Cause No. 15-02-01016, and counsel is helping to defend an
injunctive proceeding in SYP Hospitality, LLC v. DEVSI Concrete, LLC, Cause
No. 2015-10463, in the 129th Judicial District Court of Harris County, Texas. The
SYP case is set for a Temporary Injunction hearing on March 23, 2015. Counsel is
also preparing a Response to Harris County’s Motion to Dismiss in the case of
Harris County, Texas v. Manuel’s Used Auto Parts No. 2, Inc. Cause No. 2013-
73275, in the 152nd Judicial District Court of Harris County, Texas.
5.
Counsel for Appellee, Mr. Brian Poldrack, advises that the Appellee is
opposed to the filing of this motion.
6.
Appellant asks this Court to grant the extension of time of an additional
thirty (30) days for Appellant WILMOT to file his Motions for Rehearing and/or
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En Banc Reconsideration, so that such Motions will now be due on, and including,
Friday, April 17, 2015.
Respectfully submitted,
/s/ Michael M. Essmyer, Sr.
MICHAEL M. ESSMYER. SR.
State Bar No. 06672400
Essmyer & Daniel. P.C.
5111 Center Street
Houston, Texas 77007
(713)869-1155 Telephone
(713)869-8659 Facsimile
messmyer@essmyerdaniel.com
CERTIFICATE OF CONFERENCE
Pursuant to TEX.R.APP.P. 10.1(a)(5), I hereby certify that I have conferred
with Appellee’s attorney telephonically on March 9, 2015 and by email again on
March 11, 2005, concerning the filing of this motion and that Appellee is opposed
to this request.
/s/ Michael M. Essmyer, Sr.
CERTIFICATE OF COMPLIANCE
As required by TEX. R. APP. P. 9.4(i)(3), I certify that this document was
generated by a computer using Microsoft Word, which indicated the word count of
this document is 475 words.
/s/ Michael M. Essmyer, Sr.
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CERTIFICATE OF SERVICE
I hereby certify that on March 11, 2014, Appellant Chris Wilmot’s Opposed
Motion for Extension of Time to file Motions for Rehearing and/or En Banc
Reconsideration was served on the following via the indicated manner:
via e-service, certified mail - rrr and/or fax
Brian Poldrack
bpoldrack@zimmerlaw.com
Ann Marie Finch
afinch@zimmerlaw.com
ZIMMERMAN, AXELRAD, MEYER,
STERN & WISE, P.C.
3040 Post Oak Blvd., Suite 1300
Houston, Texas 77056
(713)552-1234 (Phone)
ATTORNEYS FOR HARRY A. BOUKNIGHT, JR.
/s/ Michael M. Essmyer, Sr.
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