ACCEPTED
04-15-00097-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
11/12/2015 2:14:23 PM
KEITH HOTTLE
CLERK
NO. 04-15-00097-CV
FILED IN
4th COURT OF APPEALS
IN THE COURT OF APPEALS SAN ANTONIO, TEXAS
FOR THE FOURTH JUDICIAL DISTRICT OF 11/12/2015
TEXAS 2:14:23 PM
AT SAN ANTONIO KEITH E. HOTTLE
Clerk
BRIAN McENERY,
Appellant,
v.
CITY OF SAN ANTONIO AND CHIEF CHARLES N. HOOD,
Appellees.
ON APPEAL FROM THE 285th JUDICIAL DISTRICT COURT
BEXAR COUNTY, TEXAS
TRIAL COURT NO. 2011-CI-06603
THE HONORABLE JUDGE CATHLEEN STRYKER PRESIDING
UNOPPOSED MOTION TO EXTEND TIME TO FILE
APPELLANT’S REPLY BRIEF
TO THE HONORABLE JUSTICES OF THE COURT:
Under Texas Rules of Appellate Procedure 10.5(b)(1) and 38.6(d), Appellant
Brian McEnery, referred to as Appellant, respectfully moves the Court to extend the
time for filing Appellant’s Reply Brief. As good cause, Appellant respectfully shows
the Court the following:
1. Appellees filed the Brief of Appellees on October 30, 2015.
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2. Under Texas Rule of Appellate Procedure 38.6(c), Appellant’s Reply Brief
is currently due on November 19, 2015.
3. Appellant requests that the Court extend the time to file Appellant’s Reply
Brief twenty (20) days. A twenty (20) day extension would make Appellant’s Reply
Brief due on December 9, 2015.
4. In support of the requested extension, Appellant would show that counsel for
Appellant, Ronald B. Prince and Floyd Steven Contreras, have commitments during
the initial briefing period that require their time and attention and interfere with
preparation of Appellant’s Reply Brief by the current deadline.
These commitments include the following:
Extensive research and preparation for hearing concerning a request for
abatement in Cause No. 2014-CI-03985, Irene Baldridge and Kathy Hill v. Art
Reyna, pending in the 285th Judicial District Court in Bexar County, Texas, with the
hearing set for November 13, 2015, before the 57th Civil District Court, the
Honorable Judge Antonia Arteaga presiding; and
Extensive preparation for trial as new trial counsel in Cause No. 2014-CI-
03115, In the Matter of the Marriage of Eric. C. Mena and Marissa Ortiz Mena and
In the Interest of Miguel Carlos Mena, Ileana Isabel Mena, and Alejandro Andres
Mena, Children, pending in the 285th Judicial District Court in Bexar County, Texas,
with the trial set to continue on November 17, 2015, and November 18, 2015, and
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expected to continue beyond those days, before the 131st Civil District Court, the
Honorable Judge John Gabriel presiding.
5. This is Appellant’s first request for an extension of time to file Appellant’s
Reply Brief. Appellant seeks this extension not solely for delay, but so that justice
may be done.
6. As reflected in the Certificate of Conference below, counsel for Appellees
indicated that she is unopposed to this motion, and counsel for Intervenor indicated
that he is unopposed to this motion.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellant Brian McEnery
respectfully requests that the Court grant a twenty (20) day extension of time to file
Appellant’s Reply Brief, extending the time to file Appellant’s Reply Brief until
December 9, 2015.
Appellant further prays for such other relief to which he may be entitled.
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Respectfully submitted,
PRINCE CONTRERAS PLLC
417 San Pedro Avenue
San Antonio, Texas 78212
Tel: (210) 227-7821
Fax: (210) 225-4469
info@princecontreras.com
ATTORNEYS FOR BRIAN McENERY
_/s/ Floyd Steven Contreras_____________
RONALD B. PRINCE
State Bar No. 16329300
ron@princecontreras.com
FLOYD STEVEN CONTRERAS
State Bar No. 24075339
floyd@princecontreras.com
CERTIFICATE OF CONFERENCE
I certify that I conferred with Jacqueline M. Stroh, counsel for Appellees, via
telephone on November 12, 2015, regarding Appellant’s Motion to Extend Time to
File Appellant’s Reply Brief. Ms. Stroh indicated that she is not opposed to our
request to extend time.
I also certify that I conferred with Ricky J. Poole, counsel for Intervenor, via
email on November 11, 2015, regarding Appellant’s Motion to Extend Time to File
Appellant’s Reply Brief. Mr. Poole indicated that he is not opposed to our request to
extend time.
_/s/ Floyd Steven Contreras_____________
RONALD B. PRINCE
FLOYD STEVEN CONTRERAS
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CERTIFICATE OF SERVICE
I certify that on the 12th day of November, 2015, a true and correct copy of
the foregoing Appellant’s Motion to Extend Time to File Appellant’s Reply Brief
was served on the following counsel of record electronically through the electronic
filing manager:
Ms. Jacqueline M. Stroh
THE LAW OFFICE OF JACQUELINE M. STROH, P.C.
10101 Reunion Place, Suite 600
San Antonio, Texas 78216
Tel: (210) 477-7416
Fax: (210) 477-7466
jackie@strohappellate.com Attorney for Appellees
Ms. Deborah Lynne Klein
OFFICE OF THE CITY ATTORNEY, LITIGATION DIVISION
111 Soledad, 10th Floor
San Antonio, Texas 78205
Tel: (210) 207-8919
Fax: (210) 207-4357
deborah.klein@sanantonio.gov Attorney for Appellees
Mr. Mark Kosanovich
FITPATRICK & KOSANOVICH, P.C.
P.O. Box 831121
San Antonio, Texas 78283-1121
Tel: (210) 207-7259
Fax: (210) 207-8997
mark.kosanovich@sanantonio.gov Attorney for Appellees
Mr. Ricky J. Poole
LAW OFFICES OF RICKY J. POOLE
The Forum Building
8000 IH-10 West, Suite 600
San Antonio, Texas 78230
Tel: (210) 525-7988
Fax: (210) 525-7987
rpoole@alamocityattorney.com Attorney for Intervenor
_/s/ Floyd Steven Contreras_____________
RONALD B. PRINCE
FLOYD STEVEN CONTRERAS
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