NO. 14-14-00345-CV 

 

IN THE COURT OF APPEALS FOR THE 

FOURTEENTH DISTRICT OF TEXAS 

 

ALBERT LUJAN D/B/A TEXAS WHOLESALE FLOWER CO., 

 Appellant, 

v. 

 

NAVISTAR INC., ET AL., 

 Appellees. 

 

ON APPEAL FROM THE 129TH JUDICIAL DISTRICT 

COURT OF HARRIS COUNTY, TEXAS 

 

UNOPPOSED MOTION OF APPELLEES TO EXTEND TIME 

TO FILE THEIR BRIEF PURSUANT TO RULE 10.5(b) 

 

To the Honorable Court of Appeals: 

 Defendants and Appellees Navistar Inc., et al. (“Defendants”) file this 

unopposed motion to extend the time to file their brief on the merits, pursuant to 

Rule 10.5(b), Texas Rules of Appellate Procedure. 

ACCEPTED

14-14-00345-CV

FOURTEENTH COURT OF APPEALS

HOUSTON, TEXAS

4/22/2015 2:36:41 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 4/22/2015 2:36:41 PM CHRISTOPHER A. PRINE Clerk
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1. 

 Plaintiff Albert Lujan d/b/a Texas Wholesale Flower Co. (“Plaintiff”) 

brought this action against Defendants to recover damages allegedly sustained in a 

business transaction for the sale and purchase of trucks. The trial court granted 

Defendants’ motion for summary judgment, and Plaintiff took an appeal from that 

judgment. 

2. 

 Plaintiff filed his brief on March 27, 2015. 

3. 

 The current deadline for Defendants to file their brief is April 27, 2015. 

4. 

 This motion is the first request by Defendants for an extension of time to file 

their brief. 

5. 

 Defendants request an extension of time of thirty (30) days to file their brief 

to May 27, 2015. 

6. 

 This case is not set for submission at this time. 
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7. 

 Lead counsel for Defendants has been involved in the following matters that 

required his attention: 

 Preparation of brief in an accelerated appeal in Cause No. 13-15-

00046-CV; Jesus Jaime Andrade, et al. v. Doctors Hospital at 

Renaissance, Ltd., et al.; in the Thirteenth Court of Appeals of Texas. 

 Preparation for and attendance at a significant mediation out of town 

in Cause No. 15-02-16797-CV; Judith Salinas, Individually and as 

Next Friend of Marte Salinas, and as Representative of the Estate of 

Francisco Salinas, Franco Salinas, and Carolina Salinas v. Texas 

CES, Inc. d/b/a Mercer Well Service and Rolando Pena; In the 79th 

Judicial District Court of Brooks County, Texas. 

 Preparation of a reply brief in Cause No. 08-14-00165-CV; Alcantar 

Enterprises, LLC d/b/a Alcantar Apartments v. Carlos Gallegos et al.; 

In the Court of Appeals for the Eighth District of Texas. 

8. 

 There is no opposition to this motion. 

9. 

 This motion is not made for delay, but so that justice may be done. 

10. 

 Defendants respectfully request that the Court grant them an extension of 

time to file their brief until May 27, 2015. 

 WHEREFORE, PREMISES CONSIDERED, Defendants pray that this 

motion to extend time to file their brief be granted. 
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Respectfully submitted, 

SHEEHY, WARE & PAPPAS, P.C. 

 

 

By: 

Richard A. Sheehy 

State Bar No. 18178600 

2500 Two Houston Center 

909 Fannin Street 

Houston, Texas 77010-1003 

(713) 951-1000 – Telephone 

(713) 951-1199 – Facsimile 

Email: rsheehy@sheehyware.com

 Attorneys for Defendants and Appellees 

 

 

Certificate of Conference 

There is no opposition to this motion. 

 

 

 Richard A. Sheehy
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Certificate of Service 

This will certify that a true and correct copy of this document has been 

forwarded to all counsel of record pursuant to the Texas Rules of Appellate 

Procedure on the 22nd day of April 2015. 

 Wesley S. Coddou 

 Coddou & Coddou, PC 

 50 Briar Hollow Lane, Suite 575 East 

 Houston, Texas 77027-9341 

 

 

Richard A. Sheehy 

2313372