No. 01-15-00563-CV

 

IN THE 

COURT OF APPEALS 

FIRST DISTRICT AT HOUSTON, TEXAS 

MIKOB PROPERTIES, INC., Appellant 

vs.

STAR ELECTRICITY d/b/a STARTEX POWER, Appellee

On Appeal from the 129th Judicial District Court 

Harris County, Texas 

Trial Court Cause No. 2011-04799 

UNOPPOSED SECOND MOTION OF APPELLEE TO EXTEND TIME 

TO FILE BRIEF 

TO THE HONORABLE JUSTICES OF THE FIRST COURT OF APPEALS: 

 Appellee files this Unopposed Second Motion to Extend Time to File 

Appellee’s Brief, and in support thereof, shows as follows: 

1. The deadline for Appellee to file its brief is December 30, 2015. 

2. Appellee requests a 40-day extension until February 8, 2016 to file its 

brief. Appellee has conferred with Appellant about this request, and Appellant 

ACCEPTED

01-15-00563-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

12/23/2015 10:49:04 AM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 12/23/2015 10:49:04 AM CHRISTOPHER A. PRINE Clerk
agreed to a 30-day extension. However, Appellee respectfully asks for an additional 

10 days due to the following.

3. Appellee’s lead attorney had to leave town to attend depositions in 

another case; he does not return until after the holiday. Moreover, Appellee’s 

attorneys have trial set on January 4, 2016 in Cause no. 2012-64701 in the 269th 

Judicial District Court, Harris County, Texas. They also have trial set on January 

25, 2016 in Cause no. 2014-03481 in the 61st Judicial District Court, Harris County, 

Texas. Thus, due to the holiday travel and with the forthcoming trials, Appellee 

needs additional time to file its brief. 

4. While Appellant is unopposed to a 30-day extension, this would put 

Appellee’s deadline on January 29, 2016. Such date falls on the same week 

Appellee’s attorneys will be in trial in Cause no. 2014-03481. As such, Appellee 

respectfully asks the Court for a total of 40 additional days to finalize and prepare 

its appellate brief, thereby extending its deadline to February 8, 2016.

5. This is Appellee’s second request for an extension to file its brief. 

II. Memorandum of Authorities

6. Tex. R. App. P. 38.6 and 10.5(b) give the Court the authority to modify 

and extend the deadline to file a brief.
III. Relief Requested

Appellee respectfully requests that the Court grant its Motion and extend the 

deadline to file its brief until February 8, 2016. Appellee respectfully requests such 

other and further relief to which it may be entitled.

Respectfully Submitted,

McCathern, PLLC

By: /s/Veronica Montemayor

Rodney L. Drinnon

Texas Bar No. 24047841

rdrinnon@mccathernlaw.com

Andrew T. Green

Texas Bar No. 24069823

agreen@mccathernlaw.com

Veronica Montemayor

Texas Bar No. 24082368

vmontemayor@mccathernlaw.com

2000 West Loop South, Suite 2100

Houston, Texas 77027

Fax (832) 213-4842

Tel. (832) 533-8689

ATTORNEYS FOR APPELLEE
CERTIFICATE OF CONFERENCE

I hereby certify that I have contacted opposing counsel and opposing counsel 

is unopposed to an extension of Appellee’s deadline to file its brief, to the extent 

such extension is 30 days.

/s/Veronica Montemayor

Veronica Montemayor

CERTIFICATE OF SERVICE

I hereby certify that on this the 23rd day of December, 2015, a true and correct 

copy of the foregoing Appellee’s Motion to Extend Deadline to File Brief was 

served, pursuant to Texas Rules of Appellate Procedure 9.2 and 9.5, via e-file/serve. 

Mark A. Sanders

11511 Katy Freeway, Suite 600

Houston, Texas 77079

mark@msanderslaw.com

/s/Veronica Montemayor

Veronica Montemayor