ACCEPTED
141400788
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
4/10/2015 8:22:25 AM
CHRISTOPHER PRINE
CLERK
In The
Fourteenth Court of Appeals FILED IN
_____________________ 14th COURT OF APPEALS
# 14-14-00788-CV HOUSTON, TEXAS
4/10/2015 8:22:25 AM
_____________________
EXERGY DEVELOPMENT GROUP OF IDAHO, LLCCHRISTOPHER AND JAMES
Clerk
A. PRINE
T. CARKULIS, Appellants
V.
HIGH POWER ENERGY, LLC, BLUE RENEWABLE ENERGY,
LLC AND BLACK MOUNTAIN FINANCIAL, CORP, Appellees
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On Appeal from the 125th District Court Harris County, Texas
Trial Court Cause No. 2012-67104
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Unopposed Motion for Extension of Time
Comes now EXERGY DEVELOPMENT GROUP OF IDAHO,
LLC AND JAMES T. CARKULIS, Appellants file this unopposed motion
to extend the briefing deadline from April 30, 2015 to May 29, 2015.
As cause, counsel would respectfully show as follows:
1. This is an appeal from death penalty sanctions ordered in the
District Court. Exergy’s third-party complaint was stricken and it was
prohibited from introducing any evidence to support claims against the third-
party defendants. Appellants’ brief is currently due April 30, 2015.
2. On March 9, all parties filed a joint motion to suspend the
briefing so that a large number of documents previously designated as part
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of the record on appeal, but which were not included with the record
certified to this court, could be included.
3. Most of the additional documents requested to be included in
the record by both parties were missing from the clerk’s record that was filed
with this Court.
4. Specifically, only 11 of the 37 documents designated and
requested by Appellee were filed in the original clerk’s record. The other 26
documents Appellee requested are not contained in the clerk’s record that
was filed. Additionally, none of the 22 documents requested on behalf of
Appellants were filed in the original clerk’s record.
5. The current problem is that the district clerk has not certified
the supplemental record.
6. Counsel went to the post-judgment office in person last week,
and was told that the supplemental record would be ready this week.
7. Counsel went to the post-judgment office in person again this
week, and was told that the supplemental record is still not ready.
8. Counsel does not seek the requested extension for any purpose
of delay.
9. Rather, time will be needed to prepare this appeal with the full
record once it has been completed by the district clerk’s office.
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10. It is for these reasons that Appellants pray the deadline be
moved to May 29, 2015.
Respectfully submitted,
Seth Kretzer
LAW OFFICES OF SETH KRETZER
440 Louisiana Street; Suite 200
Houston, TX 77002
(713) 775-3050 (DIRECT)
seth@kretzerfirm.com (email)
Counsel for Appellants
CERTIFICATE OF SERVICE
I certify that on April 9, 2015, I spoke to Howard Klatsky who is
UNOPPOSED to this motion. I both called and email Andrew Edison; no
response has been received. But since Edison previously joined in the
motion to suspend briefing pending supplementation, Counsel has no reason
to think he would be opposed to the current motions for a (lesser) extension
of deadline.
_________________
Seth Kretzer
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CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing motion
was served on all counsel of record on the 10th day of April, 2015.
_________________
Seth Kretzer
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