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 CLERKThe current deadline to fil e Appellant’s Brief is December 10 th ,

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 SETTL E 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 retir ing at the beginning of the new year. Appellee’s counsel requested that Appel lant 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 cas e. 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 itsopening brief, only to have settled the ca se 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 une xpected 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 moti on 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 respo nd 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 p rior 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 10 th 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 APPELLA NTCERTIFICATE OF CONFE RENCE

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 APPELLA NTCERTIFICATE OF SERVI CE

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
ATTORN EY 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