No. 12-15-00236-CV

__________________________________________________________________ 

IN THE COURT OF APPEALS 

FOR THE TWELFTH DISTRICT OF TEXAS 

TYLER, TEXAS 

__________________________________________________________________ 

DOWTECH SPECIALTY CONTRACTORS, INC.,

Appellants

V.

CITY OF NACOGDOCHES 

AND AEROMIX SYSTEMS INC.

Appellees

__________________________________________________________________ 

Appeal from Cause No. C1228865 

In the 145th District Court of Nacogdoches County, Texas 

__________________________________________________________________ 

UNOPPOSED MOTION 

FOR 

EXTENSION OF TIME TO FILE BRIEF

__________________________________________________________________ 

EXPEDITED RULING REQUESTED 

TO THE HONORABLE COURT OF APPEALS: 

 Appellant, Dowtech Specialty Contractors, Inc. requests that 

this Court grant Appellant an extension of time to file its opening 

brief and would shows as follows: 

Appellee is the City of Nacogdoches. Appellee is unopposed to 

this motion. 

ACCEPTED

12-15-00236-CV

TWELFTH COURT OF APPEALS

TYLER, TEXAS

12/3/2015 11:05:54 AM

Pam Estes

CLERK

 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 12/3/2015 11:05:54 AM PAM ESTES Clerk
The current deadline to file Appellant’s Brief is December 10th, 

2015. This motion is filed on December 3, 2015 and is therefore 

timely. The following are independent grounds on which to grant the 

extension. 

OPPORTUNITY TO SETTLE CASE

In November 2015, Appellee’s counsel contacted the 

undersigned and informed him that Rob Atherton, who has been the 

City Attorney for Nacogdoches for over 30 years, will be retiring at the 

beginning of the new year. Appellee’s counsel requested that 

Appellant make a reasonable settlement offer to resolve this matter, 

indicating that the best time to settle the case would be before Mr. 

Atherton retires. He indicated that Mr. Atherton is a very experienced 

city attorney and is already familiar with this case. Both parties 

agreed that upon his retirement it will more difficult to resolve the 

case. This is because the new city attorney will have to become 

familiar with the parties and the file, and will likely be preoccupied 

with the process of assuming the new position. 

Thus, it would be an effective use of judicial resources to 

attempt to settle this case between now and the end of the year. It 

would be a waste of resources if Appellant was required to draft its 
opening brief, only to have settled the case shortly thereafter. 

Appellees is already familiar with the grounds for the appeal, as this 

is an appeal of a summary judgment. If this extension is granted, 

Appellant will make a good faith attempt to settle this matter prior to 

the end of the year. 

SCHEDULING CONFLICTS

The undersigned is counsel in Joe and Brenda Moore v. Oak 

Creek Homes, LP and 21st Mortgage Corporation; in the 259th 

Judicial District Court, Jones County, Texas (Cause No. 022737). In 

that case, the undersigned is faced with an unexpected hearing in 

Anson, TX on December 8, 2015.

The case is hotly contested and was set for trial on December 

15, 2015. Although the parties agreed to continue the trial setting, 

in November the opposition filed an unexpected mandamus action 

and a motion to stay the proceeding. They also filed a motion to 

enforce an arbitration agreement. The two trial court matters have 

been set for hearing on December 8, 2015.

Because it is necessary for the undersigned to spend a 

significant amount of time to respond and prepare, the December 8, 
setting renders the undersigned unable to adequately prepare and 

complete Appellant’s brief in this case by December 10. 

Due to the need for certainty, Appellant hereby requests that 

this Court rule and notify the parties prior to the close of business 

on December 4, 2015. 

WHEREFORE, APPELLANT PRAYS that this Court grant 

Appellant an extension to file its brief to and including the 10th day 

of January, 2016. 

Respectfully submitted,

LAW OFFICE OF BLAKE C. NORVELL

37 Cypress Point St. 

Abilene, Texas 79606

325-695-1708 telephone

325-695-1708 facsimile

/s/ Blake Norvell 

By:

Blake C. Norvell 

State Bar No. 24065828

ATTORNEY FOR APPELLANT 
CERTIFICATE OF CONFERENCE

 I certify that I have conferred with Tom Berlanger (by and 

through his legal assistant) and have been informed that he is 

UNOPPOSED to Appellant’s Motion for Extension of Time to File 

Brief. 

LAW OFFICE OF BLAKE C. NORVELL

37 Cypress Point St. 

Abilene, Texas 79606

325-695-1708 telephone

325-695-1708 facsimile

/s/ Blake Norvell 

By:

Blake C. Norvell 

State Bar No. 24065828

ATTORNEY FOR APPELLANT 
CERTIFICATE OF SERVICE

I certify that on December 3, 2015, I served a copy of 

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF 

on the parties listed below by electronic service and that the 

electronic transmission was reported as complete. My e-mail address 

is norvell2007@gmail.com.

LAW OFFICE OF BLAKE C. NORVELL

37 Cypress Point St. 

Abilene, Texas 79606

325-695-1708 telephone

325-695-1708 facsimile

/s/ Blake Norvell 

By:

Blake C. Norvell 

State Bar No. 24065828

ATTORNEY FOR APPELLANT 

Tom Belanger 

TX Bar No. 02060400

ADAMS, BELANGER, & LoSTRACCO, P.C.

305 E. Main St. Nacogdoches, TX 75961

936-564-4315 telephone 

936-560 – 0280 facsimile