No. 04-15-00342-CV 

IN THE COURT OF APPEALS 

FOURTH JUDICIAL DISTRICT 

SAN ANTONIO, TEXAS 

VILLA DIJON CONDOMINIUM ASSOCIATION, INC. AND 

IMPLICITY MANAGEMENT COMPANY 

Appellants 

v. 

MARY WINTERS AND MILA CHEATOM 

Appellees 

APPELLANTS' FIRST UNOPPOSED MOTION FOR EXTENSION 

OF TIME TO FILE APPELLANTS' BRIEF 

TO THE HONORABLE JUSTICES OF THE FOURTH COURT OF APPEALS: 

Appellants, Villa Dijon Condominium Association, Inc. (hereafter "Villa 

Dijon") and Implicity Management Company (hereafter "Implicity"), file this 

motion to extend the time for Appellants to file their Appellants' brief pursuant to 

Rule 10.S(b) of the Texas Rules of Appellate Procedure. In support of this motion, 

Appellants will show this honorable court as follows: 

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ACCEPTED

04-15-00342-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

10/28/2015 4:53:01 PM

KEITH HOTTLE

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 10/28/2015 4:53:01 PM KEITH E. HOTTLE Clerk
The Appellants' brief in this appeal is currently due on October 31, 2015, a 

Saturday, thereby making the actual deadline the following Monday, November 2, 

2015. By this motion, Appellants seek an extension of time of 8 days or until 

November 10, 2015 to file their appellant's brief. This is Appellants' first request 

for an extension of time to file its Appellants' brief in this cause and Appellees do 

not oppose this extension. 

Appellants' counsel, Robert W. Loree, has a very active and busy multi-state 

trial docket in both Texas and Colorado. Currently, in Colorado, Mr. Loree is 

preparing for a November 16, 2015 trial in Case No. 14-cv-00200-CMA-KMT; 

Avalon Condominium Association Inc. v. Secura Insurance, A Mutual Company; In 

the United States District Court for the District of Colorado. This preparation 

includes many upcoming pre-trial deadlines, including responding to Defendant's 

motion in limine, responding to Defendant's proposed jury charge, responding to 

Defendant's proposed jury charge, drafting voir dire questions, and filing 

Plaintiffs final witness and exhibit lists, all of which are due on November 2, 

2015-the date the brief in this cause is currently due. Further in the Avalon case, 

Appellant's counsel also has two replies in support of motions to strike due on the 

same day. 

Mr. Loree is also retained as Plaintiffs Counsel on Civil Action No. 1:14-

CV-03226-WYD; Manchester Place HOA, Inc. v. Owners v. Owners Insurance 

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Company; In the United States District Court of Colorado. Until earlier this month, 

the discovery deadline in that case was October 19, 2015. The parties had also 

scheduled four depositions to be taken from October 19-22, 2015. Due to 

emergency circumstances, in a telephonic hearing on October 13, 2015, the 

discovery deadline was extended until the dispositive motion deadline in that case, 

November 19, 2015, and the previously scheduled depositions were stayed. The 

four depositions must now be re-scheduled before November 19, 2015. 

Mr. Loree also has another case, Cause No. 1:15-cv-00386-KLM; Northgate 

Village, LLC v. Hartford Casualty Insurance Company; In the United States 

District Court for the District of Colorado, in which depositions were scheduled for 

October 19-23, 2015, but had to be rescheduled. The discovery deadline in that 

case is November 20, 2015. 

Finally, in the trial court in this cause, two hearings are currently set for 

November 3, 2015-the day after the brief is due-on Defendants' Motion to 

Suspend the Enforcement of Plaintiffs' Default Judgment During the Pendency of 

Defendants' Appeal, or Alternatively, Greatly Decrease Amount of Security from 

Defendants and Defendants' Agreed Motion for Extension of Time to Respond to 

Plaintiffs' Post-Judgment Discovery. 

Due to these commitments in Colorado and his heavy work load in Texas, 

Mr. Loree has not had sufficient time to prepare Appellants' brief in this cause. 

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Appellants therefore request a short extension of time, eight (8) days until 

November 10, 2015 to file their brief. Again, this is Appellants' first request for an 

extension of time. 

WHEREFORE, PREMISES CONSIDERED, Appellants request that the 

court grant it an extension of time to file their Appellants' brief for 8 days or until 

November 10, 2015 and award Appellants such other relief as may be proper. 

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Respectfully submitted, 

Loree & Lipscomb, 

777 E. Sonterra Blvd., Suite 320 

San Antonio, Texas 78258 

Telephone: (210) 404-1320 

Facsimile: (210) 404-1310 

Robert W. Lo e 

State Bar No. 579200 

Email: rob@lhllawfirm.com 

Attorney for Appellants 
VERIFICATION 

STATE OF TEXAS § 

§ 

COUNTY OF BEXAR § 

BEFORE ME, the undersigned authority, on this day personally appeared 

Robert W. Loree, who after being duly sworn, stated under oath that he has read 

the above and foregoing motion and that the facts stated therein are within his 

personal knowledge and are true and correct. 

SWORN AND SUBSCRIBED TO BEFORE ME on October d'D, 2015. 

fklsn~ (fa 11,b,._p ,,.~t!:·~.z~,,,_ MONICA ARELLANO !~~{<>\ Notary Public. State of Texas 

\.-\~./.,i My Commission Expires 

~~·;,;-;_'f,.i October 09, 201 7 ,,, .... , ... 

Notary Public, State of Texas 

My commission expires: 10-C\- \~ 

CERTIFICATE OF CONFERENCE 

On October 28, 2015, during a telephone conversation, Appellees' counsel's 

office informed Appellants' counsel's associate that Appellees were not opposed to 

this motion for an extension of time. 

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CERTIFICATE OF SERVICE 

I hereby certified that on October 28, 2015, Appellants served a true and 

correct copy of this motion on counsel for Appellees, Jacob S. Leibowitz, 700 

North St. Mary's Street, Suite 1750, San Antonio, Texas, by facsimile transmission 

to (210) 225-2567. 

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