NO: 01-15-00705-CV

IN THE 

FIRTST DISTRICT COURT OF APPEALS OF TEXAS 

AT HOUSTON, TEXAS 

JAY COHEN, 

Appellant 

v. 

TOUR PARTNERS, LTD., DENNIS J. WILKERSON, 

AND EIGHTEEN INVESTMENTS, INC. 

Appellees 

 

On appeal from the 55th Judicial District Court of Harris County, Texas 

Trial Court Cause No. 2013-68181 

APPELLANT’S OPPOSED FIRST MOTION FOR 25 DAY EXTENSION OF 

TIME, FILED CONTEMPORANEOUSLY WITH APPELLANT’S BRIEF 

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS: 

Pursuant to Texas Rule of Appellate Procedure 38.6(d), Appellant files this 

his First, Opposed, Motion for 25-day Extension of Time, which is filed 

contemporaneously with his Appellant’s Brief. This motion complies with Rule 

10.5(b) and, in support thereof Appellant respectfully shows the Court as follows:

1. This is an appeal from the final summary judgment, which became 

final on May 20, 2015, in favor of Third Party Plaintiff Tour Partners, Ltd., and 

Crossclaim Defendants Dennis J. Wilkerson, and Eighteen Investments, Inc. and 

ACCEPTED

01-15-00705-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

12/8/2015 1:41:31 AM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 12/8/2015 1:41:31 AM CHRISTOPHER A. PRINE Clerk
against Third Party Defendant Mr. Cohen. The now-final judgment was 

interlocutory when signed by the 55th Judicial District Court on January 23, 2015, 

but became final when the only remaining claims in the case were ordered nonsuited by the trial court’s May 20, 2015 order. 

2. Mr. Cohen was joined as a third party by Tour Partners, Ltd. after the 

discovery period had expired along with other scheduling deadlines. The trial 

court refused to extend discovery and denied and refused to rule upon Mr. Cohen’s 

motions to continue summary judgment and trial to allow him to participate in the 

discovery process. Mr. Cohen is also appealing from the trial court’s denial of his 

motion for new trial and denial and refusal to rule upon his motions to continue

and to issue a new docket control order and re-open discovery. 

3. The original deadline for Appellants Brief was Friday, November 13, 

2015. Appellees have filed a motion to dismiss for want of prosecution and the 

Court provided notice that no Appellant’s brief had been filed. Appellant seeks a 

25-day extension of time for filing his Appellant’s Brief, which has been filed 

contemporaneously with this motion for extension. Appellant began filing this 

motion and the accompanying Appellant’s brief on December 7, 2015 but 

experienced computer difficulties, which were eventually resolved shortly before 

midnight. As a result, in an abundance of caution, Appellant is requesting an 

extension through December 8, 2015. 
4. This is Appellant’s first motion for an extension of time to file 

Appellant’s brief. Appellant brings this motion pursuant to Texas Rules of 

Appellate Procedure 38.6(d) and in compliance with Rule 10.5(b). 

5. Appellants’ counsel George May is recovering from a health crisis, 

and dealing with the side effects of medication, which has delayed unrelated 

surgery that is now scheduled for January 7, 2016. Mr. May first fell ill while in 

Amarillo for oral argument before the Amarillo Court of Appeals on September 1, 

2015 and has, until recently, been forced to limit his work schedule. Appellant’s

counsel George May was unable to complete Appellant’s brief by the November 

13, 2015 deadline due to family matters and his illness and treatment, which 

temporarily rendered him unable to complete all his professional obligations and to 

request that his colleague Lori Twomey assist with the tasks he was unable to 

complete. Ms. Twomey has undertaken the tasks her schedule would permit but 

was unavailable to assist Mr. May in this appeal. 

6. The professional obligations Mr. May was unable to delay or delegate, 

include the following: 

(1) October 14, 2015 discovery response deadline in Cause 13CV1392; 

Amelia V. Kelly v. Matthew D. Wiggins, Jr. and D.L. Hammaker; 

in the 122th District Court of Galveston County, Texas;

(2) October 15, 2015 court ordered mediation in Adversary Case No. 12-

3453; Anderson v. Brundage; in the United States District Court for 

the Southern District of Texas, Houston Division;
(3) Attending and presenting general counsel report at October 19, 2015 

annual shareholder’s meeting for corporate client;

(4) October 29, 2015 non-jury trial in 2009-19162; Crosby Independent 

School District v. Celestin Chas, et al; in the 80th District Court, 

Harris County, Texas;

(5) October 30, 2015 formal Appraisal Review Broad hearing in tax 

valuation protest;

(6) November 15 mediation in Cause No. 386,934-401; Thompson v. 

Estate of Joekel; In Probate Court No. 3 of Harris County, Texas; 

(7) Preparation for three (3) scheduled December non-jury trials in 

several tax foreclosure lawsuits in Harris County; the 268th District 

Court of Harris County, Texas; and

(8) Hearing in Cause No. 13-CV-1392 in the 122nd District Court of 

Galveston County, Texas;

(9) Reply brief due in Case No. 14-15-00443-CV in the Fourteenth Court 

of Appeals at Houston, Texas; and

(10) Various other time-sensitive matters for clients.

7. Appellant does not seek this extension for the purposes of delay but 

only so that justice may be served. Appellant’s missing the original deadline was 

not due to conscious disregard but a result of counsel’s illness and the temporary 

work limitations described above. The extension requested is not excessive and 

extending the original deadline for Appellant’s brief will not otherwise prejudice 

Appellees. 

PRAYER

For all these reasons, Appellant respectfully requests a 25-day extension of 
time for filing its Appellant’s Brief from Friday November 13, 2015 to Tuesday, 

December 8, 2015. 

Respectfully submitted,

TWOMEY MAY, PLLC

/s/ George F. May/

_______________________________

George F. May

State Bar No. 24037050 

george@twomeymay.com

2 Riverway, 15th Floor

Houston, Texas 77056

(713) 659-0000 - Telephone

(832) 201-8485 - Facsimile

Dated: December 8, 2015

CERTIFICATE OF CONFERENCE

I do hereby certify that I Appellees counsel has indicated that Appellees are 

opposed to any extension of time and this motion is filed as opposed.

/s/ George F. May/

_______________________________

George F. May
CERTIFICATE OF SERVICE

As required by Texas Rule of Appellate Procedure 6.3 and 9.5(b), (d), (e), I certify 

that I have served this document on counsel for Appellee as listed below on 

December 8, 2015 as follows:

Walter J. Cicack

wcicack@hmgnc.com

HAWASH MEAD GASTON NEESE & CICACK, LLP

2118 Smith Street

Houston, Texas 77002

Telephone: (713) 658-9001

Facsimile: (713) 658-9011

Attorneys for Appellees

By (check all that apply)

personal delivery

mail

commercial delivery service

X fax, email, or electronic service

 /s/ George F. May/

George F. May

Date: December 8, 2015