ACCEPTED
01-14-00880-cv
FIRST COURT OF APPEALS
HOUSTON, TEXAS
8/25/2015 4:52:26 PM
CHRISTOPHER PRINE
CLERK
CAUSE NO. 01-14-00880-CV
IN THE FIRST COURT OF APPEALS FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS HOUSTON, TEXAS
8/25/2015 4:52:26 PM
THEAOLA ROBINSON CHRISTOPHER A. PRINE
Appellant, Clerk
v.
KTRK TELEVISION, INC.,
Appellee.
Appealed from the 234th District Court
Harris County, Texas
APPELLEE KTRK TELEVISION, INC.’S
SECOND MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S
BRIEF, OR IN THE ALTERNATIVE,
MOTION TO SUSPEND BRIEFING DEADLINES
Catherine Lewis Robb
State Bar No. 24007924
Catherine.robb@haynesboone.com
*Laura Lee Prather
State Bar No. 16234200
Laura.prather@haynesboone.com
HAYNES AND BOONE, LLP
600 Congress Avenue
Suite 1300
Austin, Texas 78701
Telephone: (512) 867-8400
Facsimile: (512) 867-8470
COUNSEL FOR APPELLEE
KTRK TELEVISION, INC.
*Lead counsel for Appellee
APPELLEE’S SECOND MOTION TO EXTEND TIME
TO FILE APPELLEE’S BRIEF, OR IN THE ALTERNATIVE,
MOTION TO SUSPEND BREIFING DEADLINES
Appellee, KTRK Television, Inc. (hereinafter “KTRK” or “Appellee”),
requests an extension of time to file its Appellee’s Brief. This is the second
extension sought by Appellee. The requested extension is 30 days, which would
place the briefing deadline on September 25, 2015. In the alternative, KTRK
Moves to suspend the briefing deadlines in this appeal, specifically KTRK’s
deadline to file its Appellee’s Brief, until the Court rules on Appellee’s pending
Motion to Dismiss.
I.
INTRODUCTION
KTRK’s Brief is currently due on August 26, 2015. On July 23, 2015, prior
to its original briefing deadline, KTRK filed a Motion to Dismiss the appeal on the
grounds that this Court lacks jurisdiction over the issues currently being appealed,
and that Appellant, Theaola Robinson (hereinafter “Robinson”), has repeatedly
failed to comply with the Texas Rules of Appellate Procedure. Facing Robinson’s
sixth attempt to overturn this Court’s prior ruling, KTRK also requested Robinson
be declared a vexatious litigant and be prohibited from filing additional pleadings.
This Court granted Appellee’s first request for an extension of time to file its brief.
Therefore, Appellee’s Brief is now due to be filed on August 26, 2015.
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II.
ARGUMENT & AUTHORITIES
The Court has the authority under Texas Rule of Appellate Procedure
38.6(d) to extend the time to file a brief. One previous extension has been granted
to extend the time to file Appellee’s Brief. There is not a specific deadline to file
this motion to extend time. See Tex. R. App. P. 38.6(d). Because Appellee has
filed a Motion to Dismiss regarding a threshold matter as to whether this Court has
jurisdiction over the appeal filed by Robinson, which Appellee believes the Court
does not, and because Appellee is waiting for this Court to adjudicate Appellee’s
previously filed Motion to Dismiss, Appellee requests an additional 30 days to file
its brief, extending the time until September 25, 2015.
Appellee requests an additional 30 days to file its brief because Appellee
believes this Court does not have jurisdiction over this appeal under the law of the
case doctrine and would hope to receive guidance from this Court in the form of a
ruling on its Motion to Dismiss, prior to doing additional and unnecessary briefing.
Thus, Appellee is uncertain if this Court will need further briefing from Appellee
before it can make a determination on Appellee’s Motion to Dismiss. This request
is not made for the purpose of delay but for the purpose of judicial economy.
As a result, Appellee KTRK requests that this Court grant it an additional 30
days to file its brief, which will give this Court time to review and, Appellee hopes,
determine whether Appellee’s Motion to Dismiss should be granted. In the
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alternative, Appellee KTRK would request that this Court exercise its authority
under Texas Rule of Appellate Procedure 2 to suspend the briefing rules in this
case until this Court has reached a determination on the merits of Appellee’s
Motion to Dismiss.
PRAYER
For the above reasons, Appellee asks the Court to grant it an extension of
time to file its brief until September 25, 2015, or in the alternative, to suspend
Appellee’s briefing deadline in this case until this Court makes a determination on
the merits of Appellee’s Motion to Dismiss filed on July 23, 2015.
Respectfully Submitted,
HAYNES AND BOONE, LLP
/s/ Catherine L. Robb
Laura Lee Prather
State Bar No. 16234200
Laura.prather@haynesboone.com
Catherine Lewis Robb
State Bar No. 24007924
Catherine.robb@haynesboone.com
600 Congress Avenue, Suite 1300
Austin, Texas 78701
Telephone: (512) 867-8400
Facsimile: (512) 867-8470
COUNSEL FOR KTRK TELEVISION,
INC., APPELLEE
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CERTIFICATE OF CONFERENCE
I certify that on August 25, 2015, I conferred with Ms. Robinson regarding
this motion and she advised that she does not oppose Appellee’s request for a thirty
day extension.
/s/ Catherine L. Robb
Catherine L. Robb
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was served on
the following parties this the 25th day of August, 2015 via certified mail, return
receipt requested:
Theaola Robinson
5505 Jensen Drive
Houston, Texas 77028
/s/ Laura Lee Prather
Laura Lee Prather
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