ACCEPTED
04-17-00091-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
9/25/2017 4:17 PM
No. 04-17-00091-CV FILED IN
4th COURT OF APPEALS
SAN ANTONIO, TEXAS
09/25/2017 4:17:09 PM
IN THE COURT OF APPEALS KEITH E. HOTTLE
FOURTH JUDICIAL DISTRICT, CLERK
SAN ANTONIO, TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION,
Appellant,
HECTOR R. RAMIREZ,
Appellee.
On Appeal from the 406th Judicial District
Court of Webb County, Texas;
Cause No. 2014CVT002640-D4
HECTOR R. RAMIREZ’ UNOPPOSED SECOND MOTION
FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF
TO THE HONORABLE COURT OF APPEALS:
Appellee, Hector R. Ramirez, presents this Motion pursuant to Rules
10.5(b) and 38.6(d) of the Texas Rules of Appellate Procedure and
respectfully moves the court for an extension of time to file Appellee’s
RAMIREZ SECOND MOTION FOR EXTENSION OF TIME Page | 1
Brief. As grounds for this Motion, Appellee respectfully shows the Court
as follows:
1. Appellee’s brief is due for filing on September 25, 2017.
2. Appellee requests a thirty (30) day extension of time to file its
brief until Tuesday, October 24, 2017.
3. This is Appellee’s second request for an extension of time to
file its brief.
4. Appellee needs an extension of time to file its brief because
time constraints on Appellee’s counsel has made it impracticable to
complete the Appellee’s Brief by September 25, 2017.
5. Hurricane Harvey, caused Appellee’s counsel to be out of the
office during the storm and its aftermath. Unfortunately, Hurricane Harvey
caused substantial logistical problems for Appellee’s counsel in pursuing
this matter. Appellee’s counsel suffered substantial damages to his office
building including the building’s entire roof, entire back wall, entire side
wall, and air conditioning systems on the building’s premises. Immediate
repairs and reconstruction, including mold remediation, has been
RAMIREZ SECOND MOTION FOR EXTENSION OF TIME Page | 2
underway for the past several weeks and has caused considerable
distraction and delay.
Pursuant to Supreme Court of Texas Misc. Docket 17-9091,
Emergency Order Authorizing Modification and Suspension of Court
Procedures in Proceedings Affected by Disaster and Section 22.0035(b)
of the Texas Government Code, all courts in Texas should consider
disaster-caused delays as good cause for modifying or suspending all
deadlines and procedures—whether prescribed by statute, rule, or order—
in any case, civil or criminal.
6. Since its receipt of the State’s Brief, and without limitation, and
in addition to routine duties, Appellee’s counsel has had to make, and must
continue to make, substantial time commitments to the following:
a. Appellate and post-judgment activities in Daniel Jimenez and
Paul Harrison vs. City of Aransas Pass; Cause No. S-15-6059-C; in the
343rd District Court; Aransas County, Texas;
b. Post-judgment review and collection activities in The
Sparkman Living Trust vs. Charles D. Holley; Cause No. 2011-DCV-3511-
E; from the 148th District Court, Nueces County, Texas; and Connelly vs.
RAMIREZ SECOND MOTION FOR EXTENSION OF TIME Page | 3
Charlei Diwan Holley; Cause No. 2016 DCV-2261B; from the 117th District
Court, Nueces County, Texas;
c. Post-judgment documents and briefs in the case In the Matter
of the Marriage of Julia George Franklin and Richard C. Hales; Cause No.
2014-FAM-0342-D; in the 105th District Court; Nueces County, Texas;
d. Temporary restraining order and injunction activities in
Robledo vs. Chavez; Cause No. 2017-DCV-3831-C; in the 94th District
Court; Nueces County, Texas;
e. In the Matter of the Estate of Judith Elaine Wier, No. 2017-PR-
00455-4; in the County Court No. 4, Nueces County, Texas;
f. Petition for Discretionary Review in John Chambers vs. State
of Texas; Cause No. PD-0771-17; in the Texas Court of Criminal Appeals;
g. Various mediations and other legal matters currently pending
in the law office.
7. For these reasons, Appellee respectfully requests that the
Court of Appeals grant an extension for filing Appellee’s Brief until
Tuesday, October 24, 2017.
RAMIREZ SECOND MOTION FOR EXTENSION OF TIME Page | 4
Respectfully submitted,
Joseph E. Ritch
State Bar No. 24037364
Josh W. Hopkins ___/s/_Gregory T. Perkes_______
State Bar No. 00787714 Gregory T. Perkes
ELLIOTT & RITCH LLP State Bar No. 15782550
321 Artesian St.
Corpus Christi, TX 78401 THE PERKES LAW FIRM, PC
Telephone: (361) 883-3000 P.O. Box 1663
Facsimile: (361) 883-3003 Corpus Christi, Texas 78403
jritch@elliottritch.com Telephone: (361) 813-8003
jhopkins@elliottritch.com GPerkes@PerkesLaw.com
David T. Burkett ATTORNEYS FOR APPELLEE,
State Bar No. 03410500 HECTOR R. RAMIREZ
THE BURKETT LAW FIRM
538 S. Tancahua St.
Corpus Christi, TX 78401
Telephone: (361) 882-8822
Facsimile: (361) 883-0733
burkettd@aol.com
RAMIREZ SECOND MOTION FOR EXTENSION OF TIME Page | 5
CERTIFICATE OF CONFERENCE
I hereby certify that on Monday, September 25, I conferred with
Garland Williams, Assistant Attorney General for the State of Texas. He
stated that the State does not oppose this motion.
/s/ Gregory T. Perkes____________
Gregory T. Perkes
CERTIFICATE OF SERVICE
This is to certify that on September 25, 2017, a true and correct copy
of the foregoing Unopposed Motion for Extension of Time to File
Appellant's Brief has been sent as follows:
Ken Paxton, Attorney General of Texas
Jeffrey C. Mateer, First Assistant Attorney General
Brantley Starr, Deputy First Assistant Attorney General
James E. Davis, Deputy Attorney General for Civil Litigation
Randall K. Hill, Asst. Attorney General Chief, Transportation Division
By Serving Via Electronic Service And Email To:
Garland Williams
Assistant Attorney General
garland.williams@oag.texas.gov
Attorneys for Appellant,
Texas Department of Transportation
/s/ Gregory T. Perkes____________
Gregory T. Perkes
RAMIREZ SECOND MOTION FOR EXTENSION OF TIME Page | 6