NO. 01-15-00232-CV

ACCELERATED APPEAL

IN THE

COURT OF APPEALS

FOR THE

FIRST DISTRICT OF TEXAS

Nationwide Distribution Services, Inc.,

Appellant

vs.

Robert Jones and Poly Trucking, Inc.,

Appellees

__________________________________________________________________

APPELLANT’S UNOPPOSED MOTION

TO EXTEND TIME TO FILE BRIEF

__________________________________________________________________

TO THE HONORABLE FIRST COURT OF APPEALS:

Appellant, Nationwide Distribution Services, Inc. asks the court to extend the

time to file their brief for the following reason.

1. Appellant is Nationwide Distribution Services, Inc.. Appellees are Robert

Jones and Poly Trucking, Inc.

2. No rule limits the time within which to file this motion to extend. See Tex.

R. App. P. 38.6(d).

3. Appellees do not oppose this motion.

ACCEPTED

01-15-00232-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

4/7/2015 10:29:44 AM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 4/7/2015 10:29:44 AM CHRISTOPHER A. PRINE Clerk
4. The court may extend the time to file the brief under the authority of Texas

Rule of Appellate Procedure 38.6(d).

CHRONOLOGY

5. On March 6, 2015, Appellant Nationwide Distribution Services, Inc. filed

its Notice of Appeal with the trial court appealing the trial court’s February 23, 2015

Order Overruling Defendant’s Special Appearance. On March 6, 2015, appellant also

filed itsrequest for reporter’srecord and request for the clerk’s record. The reporter’s

record was filed with the First Court of Appeals on March 13, 2015. The clerk’s

record was filed with the First Court of Appeals on March 18, 2015, however, that

record was incomplete. Appellant’s brief is due on April 8, 2015. 

6. Appellant’s request for the clerk’s record timely designated the items to be

included, consisting of those required by Tex. R. App. Proc. 34.5 plus a list of

additional documents. On March 23, his first opportunity to review the record,

appellant’s counsel discovered items missing from the record and immediately filed

a request for supplementation. Specifically, these documents were omitted from the

record filed by the district clerk’s office, although they were part of documents that

were requested: (1) the affidavit of David Coffey, attached to Nationwide Distribution

Services, Inc.’s Special Appearance, (2) all exhibits to Plaintiff’s Response to

Defendant Nationwide Distribution Services, Inc.’s Special Appearance.

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7. Appellant’s counsel (who did not serve as trial counsel) also discovered the

need for, and designated, additional items in the request for supplementation. Those

four documents are Plaintiff’s Original and First Amended Petitions, and two Docket

Control Orders.

REASON FOR DELAY IN BRIEFING

8. Appellant’s brief is already finished, with the important exception of the

many citations to the Clerk’s Record that lack page references because the documents

being cited are not yet in the record. The omitted documents being cited consist

primarily of attachments to Jones’ Response to Special Appearance. (The Special

Appearance and Jones’ Response to it were designated for inclusion in the record; the

clerk included them without any of their attachments). Rather than file a brief with

extensive citations to a Supplemental Record that does not yet exist (thus, with no

page references), and then have to file an amended brief, appellant requests a 30-day

extension in which to file its brief. The Harris County District Clerk stated in a March

31, 2015 telephone call with my legal assistant, Rebecca Garcia, that its normal

turnaround time to file a supplemental record is 30 days. 

9. No extensions have been granted to extend the time to file appellant’s brief.

CONCLUSION

For these reasons, appellant asks the court to grant an extension of time to file

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its brief until May 8, 2015. As the brief is finished except for the missing record

citations, it can be filed promptly after the clerk files the supplemental record.

Respectfully submitted,

RAMEY, CHANDLER, QUINN & ZITO, P.C.

By: /s/ Jack McKinley

Jack McKinley

State Bar No. 13716300

Robert L. Ramey

State Bar No. 16498200

750 Bering, Suite 600

Houston, Texas 77057

Telephone: (713) 266-0074

Facsimile: (713) 266-1064

jmm@ramey-chandler.com

rlr@ramey-chandler.com

COUNSEL FOR APPELLANTS

CERTIFICATE OF CONFERENCE

On March 6, 2015, Appellant’s counsel consulted with Tracy Willi (counsel for

appellee Poly Trucking) and Cory Itkin (counsel for appellee Robert Jones) and both

have stated that they are unopposed to this motion. Counsel for Robert Jones,

however, states that he is opposed to a trial continuance.

 /s/ Jack McKinley

JACK McKINLEY

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CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing has been served

upon all counsel of record, in accordance with the rules on the 7 day of April, 2015:

th

Jason A. Itkin Via E-Filing Service

Cory D. Itkin

Noah M. Wexler

Arnold & Itkin, LLP

6009 Memorial Drive

Houston, Texas 77007

Counsel for Appellee, Robert Jones

Tracy J. Willi Via E-Filing Service

Willi Law Firm, P.C.

9600 Escarpment Blvd.

Suite 745, PMB 34

Austin, Texas 78749

Counsel for Appellee, Poly Trucking, Inc.

Ruark D. Mershon Via E-Filing Service

2000 W. Marshall Drive

Grand Prairie, Texas 75051

Co-Counsel for Appellee, Poly Trucking, Inc.

 /s/ Jack McKinley

JACK McKINLEY

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