APPELLANT’S MOTION TO RESCHEDULE ORAL ARGUMENT Page 1 

01827-907/4822-3512-5027 

No. 03-13-00599-CV 

In the 

COURT OF APPEALS 

for the 

THIRD DISTRICT OF TEXAS 

Horse Hollow Generation Tie LLC, 

Appellant, 

v. 

Whitworth-Kinsey #2, Ltd., 

Whitworth-Kinsey #3, Ltd., and David Olen Whitworth, 

Appellees.

Appeal from the 119th District Court 

Concho County, Texas 

Honorable Garland B. Woodward, Judge Presiding 

APPELLANT’S MOTION TO 

RESCHEDULE ORAL ARGUMENT 

TO THE HONORABLE COURT OF APPEALS: 

Horse Hollow Generation Tie LLC (“HHGT”) respectfully moves the Court 

for a brief postponement and re-scheduling of the May 6, 2015 oral argument 

recently set by the Court. In support of this motion, HHGT would show the Court 

as follows. 

ACCEPTED

03-13-00599-CV

4853094

THIRD COURT OF APPEALS

AUSTIN, TEXAS

4/10/2015 6:02:16 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 4/10/2015 6:02:16 PM JEFFREY D. KYLE Clerk
APPELLANT’S MOTION TO RESCHEDULE ORAL ARGUMENT Page 2 

01827-907/4822-3512-5027 

1. This motion is filed in accordance with Texas Rule of Appellate 

Procedure 10.5(c). The facts stated herein are within the personal knowledge of 

the undersigned attorney and therefore need not be supported by affidavit. See

Tex. R. App. P. 10.2. 

2. Appellant is Horse Hollow Generation Tie LLC. Jeff Tillotson is 

lead counsel for Appellant. 

3. Appellees are Whitworth-Kinsey #2, Ltd., Whitworth-Kinsey #3, Ltd. 

and David Olen Whitworth. 

4. On February 27. 2105, the Court set this matter for oral argument on 

April 9, 2015. 

5. On March 5, 3015, Appellees filed their Unopposed Motion for 

Continuance of Submission and Oral Argument. The request – which Appellants 

did not oppose – was due to a conflict on the part of Appellees’ counsel. 

6. On March 6, 2015, the Court granted the request. 

7. On March 24, 2015, the Court reset the matter for oral argument on 

May 6, 2015. 

8. Unfortunately, the new date now conflicts with a long-scheduled 

personal trip for Lead Counsel for Appellant (Mr. Tillotson) and his spouse. The 

trip was booked last year and is for the period of May 4 through May 17, 2015. 

The trip involves travel to China and is prepaid and non-refundable. 
APPELLANT’S MOTION TO RESCHEDULE ORAL ARGUMENT Page 3 

01827-907/4822-3512-5027 

9. Lead Counsel spent some time consulting with his client as to whether 

other lawyers within his firm could present the oral argument. After due 

consideration, the client has requested that Mr. Tillotson handle the argument 

given his long time involvement on this matter (Mr. Tillotson tried the underlying 

case now on appeal and is responsible for the appellate briefing). 

10. In deference to his client’s request, Mr. Tillotson now respectfully 

asks the Court to reset the oral argument for a date after May 17, 2015. 

11. The undersigned realizes that this is a second request for rescheduling (although the first by Appellees) but submits that such a re-scheduling 

is in the interest of justice and will no doubt promote domestic harmony. 

12. The Court has authority to postpone oral argument in this case upon a 

showing of sufficient cause. See Tex. R. App. P. 10.5(c). The undersigned 

believes that good cause has been demonstrated. 

13. In addition, counsel for Appellant has conferred with opposing 

counsel who stated that they do not oppose this request. 

PRAYER 

Appellant hereby request that the Court re-schedule the oral argument and 

submission of this case to a date after May 17, 2015. 
APPELLANT’S MOTION TO RESCHEDULE ORAL ARGUMENT Page 4 

01827-907/4822-3512-5027 

Dated: April 10, 2015 Respectfully submitted, 

 

Jeffrey M. Tillotson, PC 

 State Bar No. 20039200 

Christopher J. Schwegmann 

 State Bar No. 24051315 

David S. Coale 

 State Bar No. 00787255 

Lynn Tillotson Pinker & Cox, LLP 

2100 Ross Avenue, Suite 2700 

Dallas, Texas 75201 

214-981-3800 - Telephone 

214-981-3839 – Facsimile 

Attorneys for Cross-Appellee/Appellant 

CERTIFICATE OF CONFERENCE 

The undersigned counsel certifies that on April 7, 2015, I personally 

conferred with Matthew F. Wymer, counsel for Appellees Whitworth-Kinsey #2, 

Ltd., Whitworth-Kinsey #3, Ltd. And David Olen Whitworth and that Mr. Wymer 

did not oppose the relief sought by this motion. 

 

Jeffrey M. Tillotson, P.C. 
APPELLANT’S MOTION TO RESCHEDULE ORAL ARGUMENT Page 5 

01827-907/4822-3512-5027 

CERTIFICATE OF SERVICE 

The undersigned certified that on April 10, 2015, the foregoing Motion to 

Postpone Oral Argument was electronically filed with the Clerk for the Third 

Court of Appeals. A copy was also served by email upon the following: 

Laird Palmer 

Law Offices of Laird Palmer 

341 Ft. McKavitt 

P.O. Box 860 

Mason, Texas 76856 

325-347-6350 – Telephone 

325-347-6334 – Facsimile 

Email: Lplaw@tstar.net

Matthew F. Wymer 

Beirne, Maynard & Parsons 

112 East Pecan Street, Suite 2750 

San Antonio, Texas 78205 

210-582-0220 – Telephone 

210-582-0231 – Facsimile 

Email: mwymer@bmpllp.com

 

Jeffrey M. Tillotson, P.C. 

4822-3512-5027, v. 2