APPELLANT’S AMENDED MOTION TO RESCHEDULE ORAL ARGUMENT Page 1 

01827-907/4849-5441-9747 

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 AMENDED MOTION TO 

RESCHEDULE ORAL ARGUMENT 

TO THE HONORABLE COURT OF APPEALS: 

Horse Hollow Generation Tie LLC (“HHGT”) respectfully files this 

amended motion seeking to re-schedule oral argument in the above cause and 

(currently set for May 6, 2015) to a date sometime after May 17, 2015. This 

amended motion is filed so as to reflect the fact that Appellant has conferred with 

all counsel for Appellees regarding this motion and to further state that the relief 

ACCEPTED

03-13-00599-CV

4860993

THIRD COURT OF APPEALS

AUSTIN, TEXAS

4/13/2015 11:58:36 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 4/13/2015 11:58:36 AM JEFFREY D. KYLE Clerk
APPELLANT’S AMENDED MOTION TO RESCHEDULE ORAL ARGUMENT Page 2 

01827-907/4849-5441-9747 

sought is unopposed. In support of this amended motion, HHGT would show the 

Court as follows. 

1. This amended 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. (“#2”), Whitworth-Kinsey 

#3, Ltd. (“#3”) and David Olen Whitworth (“Whitworth”). Appellees are 

represented by Matthew Wymer of the law firm Bernie, Maynard & Parson, LLP 

and Laird Palmer (who represents #2 and 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 its Unopposed Motion for 

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

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

set during that week). 

6. On March 6, 2015, the Court granted the request. 
APPELLANT’S AMENDED MOTION TO RESCHEDULE ORAL ARGUMENT Page 3 

01827-907/4849-5441-9747 

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. 

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 it is the first such request by Appellant) but submits that such 

a rescheduling 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. 
APPELLANT’S AMENDED MOTION TO RESCHEDULE ORAL ARGUMENT Page 4 

01827-907/4849-5441-9747 

13. In addition, counsel for Appellant has now conferred with all 

opposing counsel (both Mr. Wymer and Mr. Palmer). Both have 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. 

Dated: April 13, 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 
APPELLANT’S AMENDED MOTION TO RESCHEDULE ORAL ARGUMENT Page 5 

01827-907/4849-5441-9747 

CERTIFICATE OF CONFERENCE 

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

conferred with Matthew F. Wymer, counsel for Appellee Whitworth-Kinsey #3, 

Ltd., and that Mr. Wymer did not oppose the relief sought by this motion. On 

April 11, 2015, I communicated with Mr. Laird Palmer (who represents Appellees 

Whitworth-Kinsey #2, Ltd. and David Olen Whitworth), and he also stated that he 

does not oppose the relief sought in this motion. 

 

Jeffrey M. Tillotson, P.C. 

CERTIFICATE OF SERVICE 

The undersigned certified that on April 13, 2015, the foregoing Amended 

Motion to Reschedule 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. 

4849-5441-9747, v. 2