ACCEPTED
04-14-00758-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
5/4/2015 5:02:00 PM
KEITH HOTTLE
CLERK
NO. 04-14-00758-CV
___
FILED IN
4th COURT OF APPEALS
SAN ANTONIO, TEXAS
In The 5/4/2015 5:02:00 PM
Fourth Court OF Appeals
KEITH E. HOTTLE
Clerk
San Antonio, Texas
John A. Lance, Debra L. Lance, F.D. Franks and
Helen Franks, Appellants
v.
Judith and Terry Robinson, Gary and Brenda Fest,
Virginia Gray, Butch Townsend, and Bexar-
Medina-Atascosa Counties Water Control and
Improvement District No. 1, Appellees
FIRST MOTION FOR EXTENSION OF TIME
TO FILE APPELLEES’ BRIEF (UNOPPOSED)
Appellees Judith and Terry Robinson, Gary and Brenda Fest, Virginia
Gray, and Butch Townsend file their first motion for extension of time to
file Appellees’ brief. Appellees’ brief is currently due on May 7, 2015. Tex.
R. App. P. 38.6. This motion is filed prior to the due date. Appellant’s
counsel does not oppose this motion.
FIRST MOTION FOR EXTENSION OF TIME - APPELLEES’ BRIEF Page !1
Appellees need additional time to prepare and file their brief.
Appellees ask the Court to grant an extension of time to Monday June 8,
2015, an extension of 30 days.
When Appellants filed their brief, Appellees became aware of a
potential need to request supplementation of the appellate record.
Accordingly, Appellees filed two reporter’s record requests, on April 17 and
April 30, after expending a week or so tracking down the court reporters,
neither of whom still worked at the 216th Judicial District Court.
Additionally, Appellees’ counsel was retained to assist in a complex
proceeding, City of San Antonio Board of Adjustment & Sarosh Mgmt, LLC
v. East Central ISD, Cause No. 04-14-00341-CV, due to the unexpected
demise of Sarosh Managements’ counsel prior to filing a motion for
rehearing related to this Court’s opinion issued on March 18, 2015. The
motion for rehearing is due to be filed May 4, 2015.
The extension requested herein is sought in the interest of justice and
not for purpose of delay, and will not harm or prejudice any party.
PRAYER
Appellees respectfully request that this Court grant the requested
extension of time, and any other proper or necessary relief.
FIRST MOTION FOR EXTENSION OF TIME - APPELLEES’ BRIEF Page !2
Respectfully submitted,
/s/
Stephan B. Rogers
State Bar No. 17186350
Kelly P. Rogers
State Bar No. 00788232
ROGERS & MOORE PLLC
309 Water St., Ste. 114
Boerne, TX 78006
(830) 816-5487
Fax: (866) 786-4777
steve@rogersmoorelaw.com
kelly@rogersmoorelaw.com
CERTIFICATE OF SERVICE
I certify that on May 4, 2015, a true and correct copy of this document was
served on the following counsel of record:
Dan Pozza
Law Office of Dan Pozza
239 E. Commerce Street
San Antonio, TX 78205
(210) 226-8888 – Phone
(210) 224-6373 – Fax
danpozza@yahoo.com
Edward Hecker
GOSTOMSKI & HECKER
607 Urban Loop
FIRST MOTION FOR EXTENSION OF TIME - APPELLEES’ BRIEF Page !3
San Antonio, Texas 78204
ed@ghlawyers.net
/s/
Stephan B. Rogers
FIRST MOTION FOR EXTENSION OF TIME - APPELLEES’ BRIEF Page !4