ACCEPTED
04-14-00796-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
7/22/2015 5:24:52 PM
KEITH HOTTLE
CLERK
NO. 04-14-00796-CV
LOCKHILL VENTURES, LLC, § IN THE FOURTHFILED IN
4th COURT OF APPEALS
Defendant-Appellant § SAN ANTONIO, TEXAS
§ 7/22/2015 5:24:52 PM
v. § COURT OF APPEALS
KEITH E. HOTTLE
Clerk
§
ARD MOR, INC.; TEXAS ARDMOR §
PROPERTIES, LP; AND TEXAS §
ARDMOR MANAGEMENT, LLC, §
Plaintiffs-Appellees § SAN ANTONIO, TEXAS
APPELLEES’ UNOPPOSED FIRST MOTION TO
EXTEND TIME TO FILE MOTION FOR REHEARING
TO THE FOURTH COURT OF APPEALS:
Appellees ARD MOR, INC., TEXAS ARDMOR PROPERTIES, LP, and
TEXAS ARDMOR MANAGEMENT, LLC ask the Court to extend the time to file
their motion for rehearing.
A. INTRODUCTION
1. Appellant is LOCKHILL VENTURES, LLC; Appellees are ARD MOR,
INC., TEXAS ARDMOR PROPERTIES, LP, and TEXAS ARDMOR
MANAGEMENT, LLC.
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2. This motion is filed within the 15-day period to file a motion to extend
the time to file a motion for rehearing, as required by Texas Rule of Appellate
Procedure 49.8.
3. This Court has the authority under Rule 49.8 to extend the time for a
party to file a motion for rehearing.
4. Appellees’ motion for rehearing is currently due on July 23, 2015.
5. Appellees request an additional 15 days to file the motion for rehearing,
extending the time until August 7, 2015.
6. Appellees request additional time to file the motion for rehearing
because the undersigned counsel is currently and extensively involved in briefing
related to the City of West Texas v. CF Industries Sales, LLC, et al, Cause No. 2013-
2476-4, otherwise known as the West Texas Explosion Cases, pending in the 170th
District Court of McLennan County. Texas. The undersigned counsel’s deadline to
complete all briefing is July 23, 2015, the same day that Appellee’s motion for
rehearing is currently due to be filed.
7. Based on the foregoing, Appellees request an additional 15 days to file
their motion, extending the time until August 7, 2015.
9. No prior extensions of time to file the motion have been requested or
granted.
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10. This extension is not sought for delay, but so that the complex legal
issues involved in the parties’ dispute can be developed and so that justice may be
had.
B. PRAYER
11. For these reasons, Appellees pray that this Motion be granted and that
this Court grant an extension of time to file their motion for rehearing until August
7, 2015, or for other and further relief to which Appellees may be entitled.
Respectfully submitted,
By: /s/ Karen L. Landinger
KAREN L. LANDINGER
State Bar No. 00787873
klandinger@cbylaw.com
JAY K. FARWELL
State Bar No. 00784038
jfarwell@cbylaw.com
COKINOS, BOSIEN & YOUNG
Co-Counsel 10999 West IH-10, Suite 800
David L. Earl San Antonio, Texas 78230
State Bar No. 06343030 (210) 293-8700 (Office)
dearl@earl-law.com (210) 293-8733 (Fax)
EARL & ASSOCIATES, P.C.
Pyramid Building
601 NW Loop 410, Suite 390 ATTORNEYS FOR APPELLEES,
San Antonio, Texas 78216 ARD MOR, INC., TEXAS ARDMOR
(210) 222-1500 (Office) PROPERTIES, LP AND TEXAS
(210) 222-9100 (Fax) ARDMOR MANAGEMENT, LLC
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CERTIFICATE OF CONFERENCE
The undersigned hereby certified that Counsel for Appellees have conferred
with Counsel for Appellant who does not oppose this motion.
/s/ Karen L. Landinger
KAREN L. LANDINGER
JAY K. FARWELL
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CERTIFICATE OF SERVICE
I certify that on the 22nd day of July, 2015, a copy of the foregoing
APPELLEES’ MOTION TO EXTEND TIME TO FILE MOTION FOR
REHEARING was served on the following counsel of record by electronic service
through MyFileRunner.com; and the APPELLEES’ MOTION TO EXTEND TIME
TO FILE MOTION FOR REHEARING was duly filed with the Clerk of the Fourth
Court of Appeals through MyFileRunner.com, together with this proof of service:
Lance H. “Luke” Beshara
Randall A. Pulman
Brandon L. Grubbs
PULMAN, CAPPUCCIO, PULLEN,
BENSON & JONES, LLP
2161 N.W. Military Highway, Suite 400
San Antonio, Texas 78213
(210) 222-9494 (Office)
(210) 892-1610 (Fax)
lbeshara@pulmanlaw.com
rpulman@pulmanlaw.com
bgrubbs@pulmanlaw.com
Patrick C. Bernal
Elizabeth M. Provencio
DENTON NAVARRO ROCHA BERNAL HYDE & ZECH
A Professional Corporation
2517 N. Main Avenue
San Antonio, Texas 78212
(210) 227-3243 (Office)
(210) 225-4481 (Fax)
patrick.bernal@rampage-sa.com
elizabeth.provencio@rampage-sa.com
/s/ Karen L. Landinger
KAREN L. LANDINGER
JAY K. FARWELL
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