NO. 03-15- 00 0 51

- CV

IN THE COURT OF APPEALS THIRD COURT OF APPEALS DISTRICT AUSTIN , TEXAS

T

RENT L INDIG

, Appellant

v.

P LEASANT H ILL R OCKY C OMMUNITY C LUB

Appellee

O N A PPEAL FROM T HE 33 RD D ISTRICT C OURT

, B LANCO C OUNTY

, T EXAS H ONORABLE J. A LLAN G ARRETT P RESIDING C AUSE N O

. CV07580

UNOPPOSED FIRST MOTIO N FOR EXTENSION OF TIME TO FILE APPELLANT ’S BRIEF

TO THE HONORABLE THIRD COURT OF APPEALS :

Appellant respectfully present s this unopposed first motion to extend

the tim e in which to file their Appellant’s B rief pursuant to Texas Rule of

Appellate Procedure 38.6. No previous motions for extension of time to file

the Appellant ’s Brief have been filed. In support of t his motion, appellant

would show the Court as follows: ACCEPTED
03-15-00051-CV

4327723
THIRD COURT OF APPEALS

AUSTIN, TEXAS
3/2/2015 10:47:37 AM
JEFFREY D. KYLE

CLERK2 I.

Appell ant ’ s principal b rief is currently due on March 16, 2015

. Because of the events and matters described more fully below, appellant

request s an extension of an additional 3 0 days in which to file the

Appell ant ’ s Brief or until April 15, 2015

.

II.

Th e requested extension is necessary because the following matters

have prevented the undersigned from completing the Appellant ’ s Brief and

will preclude the undersigned from doing so sooner than April 15, 2015 :

1

. The undersigned is preparing a reply brief in Philip Wayne Hindes and Melinda Hindes Eustace v. La Salle County et al.

, No. 04

- 14

- 00651

- CV, which is currently due on March 27, 2015 ;

2

. The undersigned prepared motions to exclude evidence in order to meet a pretrial deadline in Martha Elvia Bolanos et al. v. General Motors et al. , No. 7,478, in the 49 th Judicial District Court, Zapata County, Texas ;

3. The undersigned will be conducting legal research and related tasks to prepare for an oral argument to be conducted in City of San Antonio v. Casey In dustrial, Inc. and Wheelbrator Air Pol l ution Control, Inc. , No. 04

- 14

- 00429

- CV, which will be held on April 2, 2015; and

4

. The undersigned was nominated to run for President

- Elect of the Texas Young Lawyers Association and has had expended considerable ti me preparing for the campaign and will be conducting a state

- wide campaign during the month of March.

F or all of the reasons explained above, counsel for appellant cannot

complete the Appellant ’ s Brief by its current due date of March 16, 2015

,

and needs a n additional 3 0 days in which to do so.3 III.

On March 2

, 201 5 , the undersigned confer red with Jeff Small

, lead

appellate counsel for appellees

. Mr. Small indicated that this motion would

not be opposed

.

WHEREFORE, PREMISES CONSIDERED, appellant respectfu lly

request that this Court grant his motion for extension of time in which to file

the Appellant ’ s Brief , extend the deadline in which to file the brief an

additional 3 0 days up to and including April 15, 2015 , and grant such other

and further relief to w hich appellant may be justly and equitably entitled.

Respectfully submitted,

/s/ Samuel V. Houston, III
SAMUEL V. HOUSTON, III
S tate Bar No. 24041135 HOUSTON DUNN, PLLC
4040 Broadway , Suite 4 40 San Antonio, Texas 782 09 Telephone: (210) 7 75

- 088 2
Fa x : (210) 826

- 0075 sam@hdappeals.com

ATTORNEY FOR APPELL ANT4 CERTIFICATE OF SERVICE

I do hereby certify that a true and correct copy of the foregoing motion has been served on the following counsel in accordan ce with the Texas Rules
of Appellate Procedure , on the 2 nd day of March

, 201 5 :

Jeff D. Small Via email /e

- service
L AW O FFICE OF J EFF S MALL 12451 Starcrest Dr. #100
San Antonio

, Texas 78 216 jdslaw1951@gmail.com

Norman L. Nevins Via email/e

- service
T

HE N EVINS L AW F IRM 206 West Main Street Fredericksburg, Texas 78624 nnevinslaw@yahoo.com

/s/ Samuel V. Houston, III
SAMUEL V. HOUSTON, III