ACCEPTED
04-15-00338-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
11/24/2015 12:10:36 PM
KEITH HOTTLE
CLERK
NO. 04-15-00338-CV
__________________________________________________________________
FILED IN
IN THE COURT OF APPEALS 4th COURT OF APPEALS
SAN ANTONIO, TEXAS
FOR THE FOURTH DISTRICT OF TEXAS
11/24/2015 12:10:36 PM
AT SAN ANTONIO KEITH E. HOTTLE
__________________________________________________________________
Clerk
ARTHUR BUTCHER,
Appellant,
v.
CITY OF SAN ANTONIO BY AND THROUGH ITS AGENT, CITY PUBLIC
SERVICE BOARD OF SAN ANTONIO D/B/A CPS ENERGY,
Appellee.
__________________________________________________________________
APPELLEE CPS ENERGY’S UNOPPOSED MOTION FOR EXTENSION
OF TIME TO FILE BRIEF ON THE MERITS
__________________________________________________________________
Christine E. Reinhard
State Bar No. 24013389
Justin Barbour
State Bar No.24055142
SCHMOYER REINHARD LLP
17806 IH 10 West, Suite 400
San Antonio, Texas 78257
Phone: (210) 447-8033
Fax: (210) 447-8036
ATTORNEYS FOR APPELLEE
CPS ENERGY
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TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
Appellee City of San Antonio by and through its Agent, City Public Service
Board of San Antonio d/b/a CPS Energy (“CPS Energy”) respectfully submits this
Unopposed Motion for Extension of Time requesting an additional 14 days, until
December 11, 2015, to file its Brief on the merits.
1. This is Appellee CPS Energy’s first request for an extension of time to
file its Brief on the merits. On November 24, 2015, counsel for CPS Energy
conferred with Mr. Sam Beale, counsel for Appellant, who indicated Appellant
does not oppose this Motion.
2. Butcher filed his first Brief on October 13, 2015, but on, on October
28, 2015, filed an Amended Brief in accordance with the Court’s October 16,
2015 Order to remedy certain omissions and deficiencies.
3. Pursuant to Texas Rule of Appellate Procedure 38.6(b), Appellee’s
Brief would otherwise be due to be filed on November 27, 2015.
4. Under Texas Rule of Appellate Procedure 55.7, Appellee CPS Energy
respectfully requests a 14-day extension, until December 11, 2015, to file its Brief
on the merits.
5. Appellee CPS Energy requests this extension to allow its counsel an
opportunity to fully analyze and brief the issues for its Brief on the merits. This
request is not made for undue delay, but so that justice may be done.
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PRAYER
Appellee City of San Antonio, acting through by and through its Agent City
Public Service Board of San Antonio d/b/a CPS Energy, respectfully requests this
Court grant it an extension of time until and including December 11, 2015, for the
filing of its Brief on the merits, and award it such other and further relief to which
it may justly be entitled.
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Respectfully submitted,
/s/ Christine E. Reinhard
Christine E. Reinhard
State Bar No. 24013389
Shannon B. Schmoyer
State Bar No. 17780250
Justin Barbour
State Bar No. 24055142
SCHMOYER REINHARD LLP
17806 IH 10 West, Suite 400
San Antonio, Texas 78257
210.447.8033 (telephone)
210.447.8036 (facsimile)
ATTORNEYS FOR APPELLEE
CPS ENERGY
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CERTIFICATE OF CONFERRAL
As evidenced by my signature below, counsel for Appellee has conferred
with counsel for Appellant. Appellant does not oppose this Motion.
/s/ Justin Barbour
Justin Barbour
CERTIFICATE OF SERVICE
I hereby certify the foregoing document was electronically filed with the
Clerk of the Court using the electronic case filing system of the Court. I further
certify a true and correct copy of the foregoing was served via email, first class
mail, and UPS Next Day Air Delivery on the following counsel of record on
November 24, 2013:
Samuel C. Beale
5821 Southwest Freeway, Ste. 416
Houston, Texas 77057
samuel.beale@gmail.com
bealelawfirm@gmail.com
/s/ Christine E. Reinhard
Christine E. Reinhard
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Arthur Butcher v. City of San Antonio, Acting by and Through Its Agent City Public Service Board D/B/A CPS Energy
Combined Opinion