ACCEPTED
01-14-00216-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
3/16/2015 8:07:17 AM
CHRISTOPHER PRINE
CLERK
01-14-00216-CV
FILED IN
1st COURT OF APPEALS
IN THE COURT OF APPEALS HOUSTON, TEXAS
3/16/2015 8:07:17 AM
FOR THE FIRST DISTRICT OF TEXAS CHRISTOPHER A. PRINE
HOUSTON, TEXAS Clerk
VICTOR S. ELGOHARY
Appellant / Cross Appellee
V.
LAKES ON ELDRIDGE NORTH COMMUNITY ASSOCIATION, INC.;
REALMANAGE, LLC; DARLA KITCHEN; DON BYRNES; MICHAEL
ECKLUND; LAURA VASALLO LEE; JOHN KANE; JULIE ANN BENNETT;
RICK HAWTHORNE; CARA DAVIS; CHRISTI KELLER; JIM FLANARY;
JILL RICHARDSON; NEIL McLAURIN; WALTER SPEARS
Appellees,
V.
LAKES ON ELDRIDGE NORTH COMMUNITY ASSOCIATION, INC.
Cross Appellant
APPELLEES’ SECOND MOTION
FOR FOUR-DAY EXTENSION TIME TO FILE APPELLEES’ BRIEF
BASED ON MEDICAL NECESSITY
TO THE HONORABLE COURT OF APPEALS,
Appellees, Lakes on Eldridge North Community Association, Inc.,
Realmanage, LLC, Darla Kitchen, Don Byrnes, Michael Ecklund, Laura Vasallo
Lee, John. Kane, Julie Ann Bennett, Rick Hawthorne, Cara Davis, Christi Keller,
Jim Flanary, Jill Richardson, Neil McLaurin, and Walter Spears(“Appellees”) file
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this Second Motion for a Four-Day Extension of Time to File Appellees’ Brief
pursuant to Texas Rule of Appellate Procedure 10 in support thereof would show
the following circumstances warrant an extension:
Appellant, Victor S. Elgohary (“Elgohary”) filed his Appellant’s Brief on
December 1, 2014 after receiving a seventy five (75) day extension of time to file
his brief. Accordingly, Appellees’ deadline for filing their Appellees’ Brief was
originally Wednesday, December 31, 2014. Appellees received their first extension
such that their brief is due on Monday March 16, 2015.
Appellees seek a brief, four (4) day extension of time as a result of an
unplanned medical emergency of Appellees’ appellant counsel and lead briefing
attorney. Specifically, Appellees’ seek an extension of their deadline until Friday,
March 20, 2015.
This request for extension of time is not sought to cause delay or prejudice,
but only so that justice may be done. As stated above, appellate counsel and lead
brief writer had a medical emergency which required hospitalization for early
labor. Appellate counsel is presently thirty five (35) weeks pregnant and had to be
admitted to the hospital for a short period of time. Counsel was not released until
Saturday afternoon on March 14, 2015, and was advised that similar episodes
could re-occur at any time. Due to the interruption in the preparation of the brief,
Appellees request a short extension, so that they may properly finalize the brief
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prior to filing. Additionally, Appellees request the extension so that trial counsel
will have the opportunity to complete the brief in the event that appellate counsel is
unavailable at the time of the deadline for medical reasons.
PRAYER
WHEREFORE PREMISES CONSIDERED, Appellees respectfully request
that this Honorable Court grant it a second extension of four (4) days to file their
Appellees’ Brief(s) so that their deadline will be Friday, March 20, 2015, and for
any such further relief to which they may be entitled.
Respectfully submitted,
LeClairRyan
By:/s/ Brianne W. Richardson_____
Brianne W. Richardson
State Bar No. 24056500
Email:
brianne.richardson@leclairryan.com
James J. McConn
Email:
james.mcconn@leclairryan.com
1233 West Loop South, Suite 1000
Houston, Texas 77027
Telephone: 713-654-1111
Facsimile: 713-650-0027
ATTORNEYS FOR APPELLEES
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CERTIFICATE OF SERVICE
As required by Texas Rule of Appellate Procedure 6.3 and 9.5(b), (d), (e), I certify
that I have served this document on all other parties which are listed below on
March 16, 2015 as follows:
Via email at victor@vselgohary.com (pursuant to TRAP 9.5(b)(2)):
Victor S. Elgohary
6406 Arcadia Bend Ct.
Houston, Texas 77041-6222
Via email at nmclaurin@bartleyspears.com(pursuant to TRAP 9.5(b)(2)):
Neil H. McLaurin, IV
14811 St. Mary’s Lane, Suite 270
Houston Texas 77079
/s/ Brianne W. Richardson________
Brianne W. Richardson
CERTIFICATE OF CONFERENCE
As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I
contacted Appellant/Appellant’s counsel, Victor Elgohary, on March 15, 2015 by
email. I did not have the opportunity to receive a response from Mr. Elgohary
prior to filing, and therefore presume that he is opposed.
/s/ Brianne W. Richardson________
Brianne W. Richardson
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