NO. 03 -15- 00051

- CV

IN THE COURT OF APPEALS THIRD COURT OF APPEALS DISTRICT AUSTIN , TEXAS

T

RENT L INDIG

, Appellant

v.

P LEASANT H ILL R OCKY C OMMUNITY C LUB
Appellee

O N A PPEAL FROM T HE 33 RD D ISTRICT C OURT

, B LANCO C OUNTY

, T EXAS H ONORABLE J. A LLAN G ARRETT P RESIDING C AUSE N O

. CV07580

UNOPPOSED FIRST MOTIO N FOR EXTENSION OF TIME TO FILE MOTION FOR R EHEARING

TO THE HONORABLE THIRD COURT OF APPEALS : Appellant respectfully present s this unopposed first motion to extend

the time in which to file a motion for rehearing pursuant to Texas Rule of
Appellate Procedure 49.8 . No previous motions for extension of time to file a motion for rehearing have been filed. In support of t his motion, appellant

would show the Court as follows:

I. ACCEPTED 03-15-00051-CV 6786734 THIRD COURT OF APPEALS

AUSTIN, TEXAS 9/3/2015 2:40:07 PM JEFFREY D. KYLE

CLERK2 Appell ant ’ s motion for rehearing is currently due on September 1 4

,
201 5 . Because of the events and matters described more fully below,
appellant request s an extension of an additional 3 0 days in which to file the
motion for rehearing or until October 14 , 2015

.
II.
The requested extension is necessary because the following matters
have prevented the undersigned from completing the motion for rehearing
and will preclude the undersigned from doing so sooner than October 1 4

,
2015 :

1

. The undersigned is pre paring the appellees’ brief in In re Jack Ikenaga, Sr., Deceased , No. 04

- 15

- 00005

- CV

, which is currently due on September 23, 2015 ;

2

. The undersigned is lead appellate counsel in Hindes v. La Salle County , No. 04

- 14

- 00651

- CV and is evaluating a motion for rehearing and motion for rehearing en banc following the court of appeals’ August 26 , 2015 opinion ;

3

. The undersigned is reviewing and revising motions for summary judgment in George L. Hachar, Sr. , No. 20 10

- CI

18274

, in the 407 th Judicial District Cour t, Bexar County, Texas ; and

4

. The undersigned has a pre

- planned vacation scheduled and will be out of state from September 4, 2015 through September 7, 2015; and

5. The undersigned has been required to attend out

- of

- town meetings from September 10 , 2015 through September 13, 2015, in connection with his service on the State Bar of Texas Executive Committee and as President

- elect of the Texas Young Lawyers Association.3 F or all of the reasons explained above, counsel for appellant cannot

complete the motion for rehearing by its current due date of September 1 4

,

201 5 , and needs an additional 3 0 days in which to do so.

III.

On September 2

, 201 5 , the undersigned confer red with Jeff Small

,

lead appellate counsel for appellee

. Mr. Small indicated that this motion

would not be opposed

.
WHEREFORE, PREMISES CONSIDERED, appellant respectfully

request s that this Court grant his motion for extension of time in which to file

the motion for rehearing , extend the deadline in which to file the motion an

additional 3 0 days up to and including October 1 4 , 2015 , and grant such

other and further relief to which appellants may be justly and equitably

entitled.

Respectfully submitted,

/s/ Samuel V. Houston, III SAMUEL V. HOUSTON, III S tate Bar No. 24041135 Direct Line: (210) 775

- 0882 HOUSTON DUNN, PLLC 4040 Broadway , Suite 4 40 San Antonio, Texas 782 09 Telephone: (210) 7 75

- 088 0 Fa x : (210) 826

- 0075 sam@hdappeals.com

ATTORNEY FOR APPELL ANTS4 CERTIFICATE OF SERVICE

I do hereby certif y that a true and correct copy of the foregoing motion has been served on the following counsel in accordance with the Texas Rules of Appellate Procedure , on this 3rd day of September

, 201 5 :

Jeff D. Small Via email /e

- service L AW O FFICE OF J EFF S MALL 12451 Starcrest Dr. #100 San Antonio, Texas 78216 jdslaw1951@gmail.com

Norman L. Nevins Via email/e

- service T

HE N EVINS L AW F IRM 206 West Main Street Fredericksburg, Texas 78624 nnevinslaw@yahoo.com

/s/ Samuel V. Houston, III SAMUEL V. HOUSTON, III