NO. 01-14-00482-CV

IN THE COURT OF APPEALS

FOR THE FIRST DISTRICT OF TEXAS

RSL-3B-IL, LTD.

v.

THE PRUDENTIAL INSURANCE CO. OF AMERICA, ET AL.

ON APPEAL FROM THE 269TH JUDICIAL 

DISTRICT COURT OF HARRIS COUNTY, TEXAS

RSL-3B-IL, LTD.’S UNOPPOSED SECOND MOTION

TO EXTEND TIME TO FILE REPLY BRIEF OF APPELLANT

 

E. John Gorman

State Bar No. 08217560

jgorman@feldlaw.com

John R. Craddock

State Bar No. 04969800

jcraddock@feldlaw.com

THE FELDMAN LAW FIRM LLP

Two Post Oak Central

1980 Post Oak Boulevard, Ste. 1900

Houston, TX 77056-3877

Telephone: (713) 850-0700

Facsimile: (713) 850-8530 

COUNSEL FOR APPELLANT 

RSL-3B-IL, LTD.

ACCEPTED

01-14-00482-cv

FIRST COURT OF APPEALS

HOUSTON, TEXAS

2/23/2015 3:28:15 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 2/23/2015 3:28:15 PM CHRISTOPHER A. PRINE Clerk
MAY IT PLEASE THE COURT:

Appellant RSL-3B-IL, Ltd. (“RSL-3B”) moves the Court for another 20-day

extension of time to file its reply brief due to the illness of its counsel. See TEX. R.

APP. P. 10.5(b), 38.6(d). The extended deadline of Monday, March 16, 2015 will roll

over from a weekend due date. Id. 4.1(a). A serious medical condition suffices as a

“reasonable explanation” to support this second request for extending the deadline

for filing the reply brief of appellant in this ordinary appeal.

1. On February 3, 2015, theCourt extended the deadline forRSL-3Bto file

its reply brief to Monday, February 23, 2015. See TEX. R. APP. P. 10.5(b)(1)(A),

38.6(a). In the interim, counsel for RSL-3B, E. John Gorman, fell seriously ill from

an infection in hislower left leg (cellulitis). Doctors also suspected a blood clot. Mr.

Gorman’s medical condition required a trip to the emergency room, two ultrasound

tests, heavy doses of antibiotics, and multiple visits with his physician.

2. RSL-3B respectfully requests more time to file itsreply brief because of

these extenuating circumstances. Mr. Gorman has missed the last two weeks of work,

thereby eating up most of the previous extension. Nor can Mr. Gorman work

extended hours at this point in hisrecovery. Rule 38.6(d) authorizesRSL-3Bto move

for an extension “before or after the date the brief is due.” See TEX. R. APP. P.

38.6(d). RSL-3B is in turn meeting this time frame.

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3. This series of events represents a “mischance” that plausibly states

circumstances justifying an extension. Cf. Hone v. Hanafin, 104 S.W.3d 884, 886

(Tex. 2003) (per curiam). Mr. Gorman’s illness reasonably explains the need for

more time. As such, RSL-3B neither deliberately nor intentionally caused any delay

in the current briefing schedule. See id.

4. Under Rule 10’s “liberal standard” for extensions, RSL-3B has carried

its burden as the movant in reasonably explaining the basis for relief. Id. at 886-87;

see TEX. R. APP. P. 10.5(b)(1)(c). According to the supreme court, “any conduct

short of deliberate or intentional noncompliance qualifies as inadvertence, mistake,

or mischance.” Hone, 104 S.W.3d at 886-87. The facts recited by this motion clear

this low hurdle.

5. The Court should construe the procedural rules liberally and follow the

prevailing rule in Texas that callsfor reaching and deciding the merits of this appeal.

See Republic Underwriters Ins. Co. v. Mex-Tex, Inc., 150 S.W.3d 423, 427 (Tex.

2004).

6. As the certificate of conference verifies, neither of the appellees that

filed a brief opposes the relief sought by this motion. The facts giving rise to RSL3B’s second request for an extension as to the reply brief fall within its appellate

counsel’s personal knowledge. See TEX. R. APP. P. 10.2(c).

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RSL-3B prays the Court will grant the relief requested by this motion and

extend the time to file the reply brief of appellant to Monday, March 16, 2015.

Respectfully submitted,

/s/ E. John Gorman

E. John Gorman

State Bar No. 08217560

jgorman@feldlaw.com

John R. Craddock

State Bar No. 04969800

jcraddock@feldlaw.com

THE FELDMAN LAW FIRM LLP

Two Post Oak Central

1980 Post Oak Boulevard, Ste. 1900

Houston, TX 77056-3877

(713) 850-0700

(713) 850-8530 (fax)

COUNSEL FOR APPELLANT

RSL-3B-IL, LTD.

CERTIFICATE OF CONFERENCE

I certify contacting counsel for all of the appellees, Stephen Harris, by email

on Monday, February 23, 2015, about the relief sought by this motion, which his

clients do not oppose.

/s/ E. John Gorman

E. John Gorman

4
CERTIFICATE OF SERVICE

I certify delivering a true and correct copy of this second motion for extension

asto the reply brief to all counsel of record on February 23, 2015, in compliance with

Texas Rule of Appellate Procedure 9.5:

Patrick Larkin

THE LARKIN LAW FIRM PC

11200 Broadway Street, Suite 2705

Pearland, Texas 77584

Stephen R. Harris

DRINKER BIDDLE & REATH LLP

One Logan Square, Suite 2000

Philadelphia, Pennsylvania 19103

Counsel For The Prudential Appellees

Earl Nesbitt

NESBITT, VASSAR & MCCOWN, LLP

15851 Dallas Parkway, Suite 800

Addison, Texas 75001

Counsel for Settlement Capital Corporation

/s/ E. John Gorman

E. John Gorman

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