ACCEPTED
04-14-00562-cv
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
6/24/2015 10:07:03 AM
KEITH HOTTLE
CLERK
NO. 04-14-00562-CV
FILED IN
IN THE TEXAS COURT OF APPEALS FOR THE FOURTH DISTRICT
4th COURT OF APPEALS
SAN ANTONIO, TEXAS SAN ANTONIO, TEXAS
6/24/2015 10:07:03 AM
KEITH E. HOTTLE
* * * * * Clerk
JESUS DE LOS SANTOS, JR., Individually and as Representative of the
ESTATE OF JESUS FRANCISCO DE LOS SANTOS, and JUAN DE LOS
SANTOS, Appellants; and MARCO ANTHONY SOLIS, JR., Cross-Appellant,
v.
FORD MOTOR COMPANY,
Appellee
* * * * *
On Appeal from the 79th Judicial District Court
Jim Wells County, Texas
Trial Court Cause No. 11-08-50394-CV
* * * * *
OPPOSED MOTION FOR EXTENSION OF TIME
TO FILE MOTIONS FOR REHEARING
* * * * *
THE HONORABLE JUSTICES OF THE COURT:
Jesus De Los Santos, Jr. Individually and as Representative of the Estate of
Jesus Francisco De Los Santos and Juan De Los Santos, Appellants, respectfully
presents this opposed motion requesting that the time for filing Appellant’s motions for
rehearing be extended twenty (20) days from July 2, 2015 to July 22, 2015. In support of
this motion, Appellants would show the Court as follows:
1. This motion is being filed prior to the time Appellants’ Motion for
Rehearing is due. TRAP 49.8.
2. This appeal involves review of a trial court’s final judgment rendered on
May 15, 2014.
3. Appellants’ motions for rehearing are due on or before July 2, 2015.
4. Appellant request the Court order Appellants’ Reply Brief to be due twenty
(20) days from date the brief is currently due, or on or before July 22, 2015, because of
significant scheduling conflicts for their appellate counsel as detailed below.
5. Appellate Counsel for Appellant, Brendan K. McBride, has several
scheduling conflicts that coincide with the current filing deadline of July 2, 2015. Mr.
McBride is preparing for trial of a products liability/wrongful death case in the United
States District Court for the District of Nevada in a cause styled Lindner v. Evenflo
Company, Inc., Cause No. 2:20-CV-00051-LDG(VCF). Mr. McBride is responsible for
preparing trial briefing, motions and jury instructions to be presented at the final pretrial
conference in the Lindner case, which is set for July 7, 2012 in Las Vegas Nevada. In
addition, Mr. McBride is the lead appellate counsel for Appellant in case styled Brewer,
et. al. v. Lowe’s Home Centers, Inc., Cause No. 12-14-00155-CV, pending before the
Twelfth District Court of Appeals in Tyler, Texas. Appellants’ reply brief is due to be
filed in the Brewer matter on or before July 9, 2015. Finally, Mr. McBride has a
previously planned personal vacation out of state scheduled for July 2-6, 2015.
6. In order for their counsel to give the necessary attention to the issues and
the preparation of the motions for rehearing in this matter, Appellants request a twenty
(20) day extension of time to accommodate these scheduling conflicts.
7. This is the first extension Appellant has requested regarding Appellants’
motions for rehearing.
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8. This extension is not requested for any purpose of delay, but so that justice
may be done.
9. Certificate of Conference: Counsel for Appellants conferred with Allyson
Ho, lead appellate counsel for Appellee Ford Motor Company, regarding the relief
requested in this motion. Ms. Ho represented that Appellees would not agree to the relief
requested in this motion.
Respectfully submitted,
By: ________________________________
Brendan K. McBride
State Bar No. 24008900
Brendan.mcbride@att.net
THE MCBRIDE LAW FIRM
Of Counsel to GRAVELY & PEARSON, LLP
425 Soledad, Suite 620
San Antonio, Texas 78205
(210) 227-1200 Telephone
(210) 881-6752 Facsimile
And
Jeffrey G. Wigington
State Bar No. 00785246
jwigington@wigrum.com
R. Reagan Sahadi
State Bar No. 24042369
rsahadi@wigrum.com
WIGINGTON RUMLEY DUNN
& BLAIR, LLP
123 N. Carrizo St.
Corpus Christi, Texas 78401
(361) 881-7500
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(361) 884-0487 (Facsimile)
COUNSEL FOR APPELLANTS,
JESUS DE LOS SANTOS, JR.
INDIVIDUALLY AND AS
REPRESENTATIVE OF THE
ESTATE OF JESUS FRANCISCO DE
LOS SANTOS AND JUAN DE LOS
SANTOS
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document has been
forwarded on this 24th day of January, 2015 to Appellee’s counsel of record, Allyson Ho
and Cross-Appellant Marco Soliz, Jr.’s lead appellate counsel, Lupita Aguilar, via email
and by electronic service through Texas.gov.
____________________________________
Brendan K. McBride
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