ACCEPTED
03-13-00599-CV
4860993
THIRD COURT OF APPEALS
AUSTIN, TEXAS
4/13/2015 11:58:36 AM
JEFFREY D. KYLE
CLERK
No. 03-13-00599-CV
In the FILED IN
3rd COURT OF APPEALS
COURT OF APPEALS AUSTIN, TEXAS
for the 4/13/2015 11:58:36 AM
THIRD DISTRICT OF TEXAS JEFFREY D. KYLE
Clerk
Horse Hollow Generation Tie LLC,
Appellant,
v.
Whitworth-Kinsey #2, Ltd.,
Whitworth-Kinsey #3, Ltd., and David Olen Whitworth,
Appellees.
Appeal from the 119th District Court
Concho County, Texas
Honorable Garland B. Woodward, Judge Presiding
APPELLANT’S AMENDED MOTION TO
RESCHEDULE ORAL ARGUMENT
TO THE HONORABLE COURT OF APPEALS:
Horse Hollow Generation Tie LLC (“HHGT”) respectfully files this
amended motion seeking to re-schedule oral argument in the above cause and
(currently set for May 6, 2015) to a date sometime after May 17, 2015. This
amended motion is filed so as to reflect the fact that Appellant has conferred with
all counsel for Appellees regarding this motion and to further state that the relief
APPELLANT’S AMENDED MOTION TO RESCHEDULE ORAL ARGUMENT Page 1
01827-907/4849-5441-9747
sought is unopposed. In support of this amended motion, HHGT would show the
Court as follows.
1. This amended motion is filed in accordance with Texas Rule of
Appellate Procedure 10.5(c). The facts stated herein are within the personal
knowledge of the undersigned attorney and therefore need not be supported by
affidavit. See Tex. R. App. P. 10.2.
2. Appellant is Horse Hollow Generation Tie LLC. Jeff Tillotson is lead
counsel for Appellant.
3. Appellees are Whitworth-Kinsey #2, Ltd. (“#2”), Whitworth-Kinsey
#3, Ltd. (“#3”) and David Olen Whitworth (“Whitworth”). Appellees are
represented by Matthew Wymer of the law firm Bernie, Maynard & Parson, LLP
and Laird Palmer (who represents #2 and Whitworth).
4. On February 27. 2105, the Court set this matter for oral argument on
April 9, 2015.
5. On March 5, 3015, Appellees filed its Unopposed Motion for
Continuance of Submission and Oral Argument. The request – which Appellant
did not oppose – was due to a conflict on the part of Appellees’ counsel (a trial was
set during that week).
6. On March 6, 2015, the Court granted the request.
APPELLANT’S AMENDED MOTION TO RESCHEDULE ORAL ARGUMENT Page 2
01827-907/4849-5441-9747
7. On March 24, 2015, the Court reset the matter for oral argument on
May 6, 2015.
8. Unfortunately, the new date now conflicts with a long-scheduled
personal trip for Lead Counsel for Appellant (Mr. Tillotson) and his spouse. The
trip was booked last year and is for the period of May 4 through May 17, 2015.
The trip involves travel to China and is prepaid and non-refundable.
9. Lead Counsel spent some time consulting with his client as to whether
other lawyers within his firm could present the oral argument. After due
consideration, the client has requested that Mr. Tillotson handle the argument
given his long time involvement on this matter (Mr. Tillotson tried the underlying
case now on appeal and is responsible for the appellate briefing).
10. In deference to his client’s request, Mr. Tillotson now respectfully
asks the Court to reset the oral argument for a date after May 17, 2015.
11. The undersigned realizes that this is a second request for re-
scheduling (although it is the first such request by Appellant) but submits that such
a rescheduling is in the interest of justice and will no doubt promote domestic
harmony.
12. The Court has authority to postpone oral argument in this case upon a
showing of sufficient cause. See Tex. R. App. P. 10.5(c). The undersigned
believes that good cause has been demonstrated.
APPELLANT’S AMENDED MOTION TO RESCHEDULE ORAL ARGUMENT Page 3
01827-907/4849-5441-9747
13. In addition, counsel for Appellant has now conferred with all
opposing counsel (both Mr. Wymer and Mr. Palmer). Both have stated that they
do not oppose this request.
PRAYER
Appellant hereby request that the Court re-schedule the oral argument and
submission of this case to a date after May 17, 2015.
Dated: April 13, 2015 Respectfully submitted,
Jeffrey M. Tillotson, PC
State Bar No. 20039200
Christopher J. Schwegmann
State Bar No. 24051315
David S. Coale
State Bar No. 00787255
Lynn Tillotson Pinker & Cox, LLP
2100 Ross Avenue, Suite 2700
Dallas, Texas 75201
214-981-3800 - Telephone
214-981-3839 – Facsimile
Attorneys for Cross-Appellee/Appellant
APPELLANT’S AMENDED MOTION TO RESCHEDULE ORAL ARGUMENT Page 4
01827-907/4849-5441-9747
CERTIFICATE OF CONFERENCE
The undersigned counsel certifies that on April 7, 2015, I personally
conferred with Matthew F. Wymer, counsel for Appellee Whitworth-Kinsey #3,
Ltd., and that Mr. Wymer did not oppose the relief sought by this motion. On
April 11, 2015, I communicated with Mr. Laird Palmer (who represents Appellees
Whitworth-Kinsey #2, Ltd. and David Olen Whitworth), and he also stated that he
does not oppose the relief sought in this motion.
Jeffrey M. Tillotson, P.C.
CERTIFICATE OF SERVICE
The undersigned certified that on April 13, 2015, the foregoing Amended
Motion to Reschedule Oral Argument was electronically filed with the Clerk for
the Third Court of Appeals. A copy was also served by email upon the following:
Laird Palmer
Law Offices of Laird Palmer
341 Ft. McKavitt
P.O. Box 860
Mason, Texas 76856
325-347-6350 – Telephone
325-347-6334 – Facsimile
Email: Lplaw@tstar.net
Matthew F. Wymer
Beirne, Maynard & Parsons
112 East Pecan Street, Suite 2750
San Antonio, Texas 78205
210-582-0220 – Telephone
210-582-0231 – Facsimile
Email: mwymer@bmpllp.com
Jeffrey M. Tillotson, P.C.
4849-5441-9747, v. 2
APPELLANT’S AMENDED MOTION TO RESCHEDULE ORAL ARGUMENT Page 5
01827-907/4849-5441-9747
Horse Hollow Generation Tie, LLC// Whitworth-Kinsey 2, Ltd. v. Whitworth-Kinsey 2, Ltd. Whitworth-Kinsey 3, Ltd. And David Olen Whitworth// Cross-Appellee, Horse Hollow Generation Tie, LLC
Combined Opinion