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 55 th 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 CONTEMPORANEOUS LY 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

con temporaneously with his Appellant ’ s Brief. This motion c omplies with Rule 10.5(b) and, in supp ort 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

CLERKagainst Third Party Defendant Mr. Cohen. The now

- final judgment was

interlocutory when signed by the 55 th Judicial District Court on January 23 , 2015 , but be came final when the only remaining claims in the case were ordered non

suited 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 wi th 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 fr om 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 Appell ants Brief was Friday , November 13 , 201 5

. Appellee s have filed a motion to dismiss for want of prosecutio n and the Court pr ovided notice that no Appellant ’ s b rief 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 e xtension

. Appel lant began filing this motion and the accompanying Appellant ’ s brief on De cember 7, 2015 but experienced computer diffi culties, 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. Appellant s ’ counsel George May is recovering f rom 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 Ap peals on September 1,
2015 and h as , until recently, been forced to limit his work schedule. Appellant ’s

c ounsel 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 ta sks he was unable to

co mplete. Ms. Twomey has under taken the tas ks her schedule would permit but was unavailable to assist Mr. May in this appeal.
6. T he 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 122 th District C ourt of Galveston County, Texas ; (2) October 15 , 20 15 cour t ordered mediation in Adversary Case No . 12

- 3453 ; Anders on v. Brundage ; i n t he United States District Court f or t he Southern District o f Texas , Houston Division ;(3) Attending and presenting general counsel report at Oct o ber 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 80 th Distr ict Court, Harris County, Texas ; (5) October 30 , 2015 formal A ppraisal Review Bro ad h earing in tax valuation protest ; (6) November 15 mediation in Cause No. 386,934

- 401; Thompson v. Estate of Joekel ; In Probat e Court No. 3 of Harris County, Texas ; (7) P reparation for t hree (3) s cheduled December n on
- jury trial s in several tax foreclosure lawsuits in Harris County; the 268 th District Court of Harris County, Texas ; and (8) Hearing in Cause No. 13

- CV

- 1392 in the 122 nd District Court of Galveston County, Texas; (9) Reply brief due in Case No. 14

- 15

- 00443

- CV in the Fourteenth Cour t of Appeals at Houston, Texas; a nd (10) V arious 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 s erved

. Appellant ’ s missing the original deadline was not due to conscious disregard but a result of counsel ’ s ill ness an d the temporary
work limitation s described above. The extension requested is not excessive and

e xtending the original deadline for Appellant ’ s brief will not o therwise prejudice Appellees.
PRAYER
For all these reason s, Appellant respectfully requests a 25

- day extension oftime for filing its Appell ant ’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, 15 th Floor Houston, Texas 770 56 (713) 659

- 0000

- Telephone ( 832) 201

- 8485

- Facsimile
Dated: December 8 , 2015

CERTIFICATE OF CONFERENCE I do hereby certify that I Appell ees counsel has indicated that Ap pellees are opposed to any extension of time and this motion is filed as opposed

.
/s/ George F. May/

_______________________________ George F. MayCERTIFICATE 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 d ocument on counsel for Appellee as listed below on December 8 , 2015 as follows:
Walter J. Cicack wcicack@hmgnc.com H AWASH M EAD G ASTON N EESE & C ICACK , 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