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No. 01-15-00174-CV

IN THE COURT OF APPEALS

FOR THE FIRST COURT OF APPEALS DISTRICT OF TEXAS

TIM WOOTERS,

Appellant,

vs.

UNITECH INTERNATIONAL, INC.,

Appellee.

Appeal from the 55th District Court of Harris County, Texas

Docket No. 2012-10494

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE 

APPELLANT’S BRIEF

TO THE HONORABLE JUSTICES OF THIS COURT:

Appellant, Tim Wooters, respectfully requests that the Court grant 

him a 45-day extension of time, to and including October 6, 2015, for him to 

file his Appellant’s Brief. In support, Wooters respectfully shows:

Procedural History

1. This appeal was perfected February 20, 2015. The Clerk’s Record was filed May 8, 2015. Volumes 1–16 of the Reporter’s Record were iniACCEPTED

01-15-00174-cv

FIRST COURT OF APPEALS

HOUSTON, TEXAS

8/18/2015 3:27:24 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 8/18/2015 3:27:24 PM CHRISTOPHER A. PRINE Clerk
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tially filed July 15, 2015. Subsequently, the Court Reporter refiled Volumes 

11–16 on July 23, 2015. Based upon notice dated July 23, 2015, the Appellant’s Brief is due Monday, August 24, 2015.

2. Volume 16 of the Reporter’s Record contains exhibits that were 

sealed by order of the trial court on November 17, 2014. The undersigned 

counsel, which did not participate in any proceedings in the trial court prior to the perfection of the appeal, were informed by the Clerk that they 

could only have access to the sealed exhibits by seeking an order from the 

trial court and having a copy of such order filed as part of a Supplemental 

Clerk’s Record.

3. On August 3, 2015, Wooters filed Tim Wooter’s Motion to Modify 

Order Sealing Court Records. The Appellee filed a response in opposition on 

August 14, 2015, and after a hearing on August 17, 2015, the trial court 

granted the undersigned counsel the ability to view the sealed exhibits in 

the Clerk’s office.

4. On August 18, 2015, Wooters requested that the clerk of the trial court to prepare a Supplemental Clerk’s Record.

5. Wooters has not previously sought an extension of time to file 

his Appellant’s Brief.
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Grounds for Granting an Extension of Time

6. The Court should grant an extension of time upon the showing 

of any reasonable explanation. See National Union Fire Ins. Co. v. Ninth Court 

of Appeals, 864 S.W.2d 58, 60 (Tex. 1993) (any demonstration of the need for 

additional time, short of deliberate or intentional noncompliance, qualifies 

as a reasonable explanation).

7. The undersigned counsel would not be doing their due diligence in representing Wooters in this appeal if they did not review the entire appellate record prior to submitting a brief on the merits. This is especially true in this case where the Court may be asked to review the legal 

and/or factual sufficiency of the evidence supporting part of the jury’s 

verdict. At this point, the undersigned counsel has, at best, only a general 

description of the sealed exhibits as provided on the parties’ exhibit lists.

8. Until the Supplemental Clerk’s Record containing the trial 

court’s order of August 17 is filed, the undersigned counsel will not be able 

to examine the sealed exhibits in Volume 16 of the Reporter’s Record. 

Based upon past experience with the Harris County District Clerk’s Office, 

it usually takes 30 days to process requests for Clerk’s Records, no matter 

the volume of the documents requested.
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9. Accordingly, a 45 day extension of time is likely the minimum 

time necessary for Wooters’ counsel to complete a review of the entire record and to file Wooters’ principal brief.

Agreement of Opposing Counsel

10. The undersigned attorney has conferred with opposing counsel, Leslie Hillendahl, regarding this Motion. She is not opposed to a 45 day 

extension of time as requested herein.

WHEREFORE, for the foregoing reasons, the Appellant, Tim Wooters, requests that the Court extend the deadline for him to file his Appellant’s Brief to October 5, 2015, as well as such other relief which is appropriate.

Respectfully Submitted,

Pendergraft & Simon, LLP

2777 Allen Parkway, Suite 800

Houston, TX 77019

Tel. 713-528-8555

Fax. 713-868-1267

/s/ William P. Haddock

William P. Haddock

Texas Bar No. 00793875

whaddock@pendergraftsimon.com

Robert L. Pendergraft

Texas Bar No. 15743500

rlp@pendergraftsimon.com

Counsel for Tim Wooters
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Certificate of Service

I hereby certify that a true and correct copy of the foregoing Unopposed 

Motion for Extension of Time has been served on the following counsel/parties of record via e-service or facsimile transmission, if e-service is 

unavailable, in accordance with the TEX. R. APP. P. 9.5 and local rules for 

electronic filing on this 18th day of August 2015:

Brian W. Zimmerman

Leslie K. Hillendahl

Zimmerman, Axelrad, Meyer, Stern & Wise, P.C.

3040 Post Oak Blvd., Suite 1300

Houston, TX 77056

Fax. 713-212-2750

/s/ William P. Haddock

William P. Haddock