NO. 14-14-00345-CV

IN THE COURT OF APPEALS FOR THE

FOURTEENTH DISTRICT OF TEXAS

ALBERT LUJAN D/B/A TEXA S WHOLESALE FLOWER CO., Appellant ,

v.

NAVISTAR INC., ET AL., Appellees

.

ON APPEAL FROM THE 129TH JUDICIAL DISTRICT COURT OF HARRIS COUNTY, TEXAS

UNOPPOSED MOTION OF APPE LLEES TO EXTEND TIME TO FILE THEIR BRIEF PURS UANT TO RULE 10.5(b)
To the Honorable Court of Appeals : Defendants and Appell ees Navistar Inc., et al. (“Defendants”) file this unopposed motion to extend the time to file their brief on the merits, pursuant to Rule 10.5(b), Texas Rules of Appellate Procedure. ACCEPTED 14-14-00345-CV FOURTEENTH COURT OF APPEALS

HOUSTON, TEXAS 4/22/2015 2:36:41 PM CHRISTOPHER PRINE

CLERK2 1. Plaintiff Albert Lujan d/b/a Texas Wholesale Flower Co. (“Plaintiff”) brought this action against Defendants to recover damages allege dly sustained in a business transaction for the sale and purch ase of trucks. The trial court granted Defendants’ motion for summary judgment, a nd Plaintiff took an appeal from that judgment.
2. Plaintiff filed his brief on March 27, 2015.
3. The current deadline for Defendants to file their brief is April 27, 2015.
4. This motion is the first request by Defe ndants for an extension of time to file their brief.
5. Defendants request an extens ion of time of thirty (30) days to file their brief to May 27, 2015.
6. This case is not set for submission at this time.3 7. Lead counsel for Defendants has been involved in the following matters that required his attention:

 Preparation of brief in an acceler ated appeal in Cause No. 13-15- 00046-CV; Jesus Jaime Andrade, et al . v. Doctors Hospital at Renaissance, Ltd., et al. ; in the Thirteenth Cour t of Appeals of Texas.

 Preparation for and attenda nce at a significant mediation out of town in Cause No. 15-02-16797-CV; Judith Salinas, Individually and as Next Friend of Marte Salinas, and as Representative of the Estate of Francisco Salinas, Franco Salinas, and Carolina Salinas v. Texas CES, Inc. d/b/a Mercer We ll Service and Rolando Pena; In the 79th Judicial District Court of Brooks County, Texas.

 Preparation of a reply brief in Cause No. 08-14-00165-CV; Alcantar Enterprises, LLC d/b/a Alcantar Apar tments v. Carlos Gallegos et al. ; In the Court of Appeals for the Eighth District of Texas.
8. There is no opposition to this motion.
9. This motion is not made for delay, but so that justice may be done.
10. Defendants respectfully request that th e Court grant them an extension of time to file their brief until May 27, 2015. WHEREFORE, PREMISES CONSIDERE D, Defendants pray that this motion to extend time to file their brief be granted.4 Respectfully submitted, SHEEHY, WARE & PAPPAS, P.C.

By: Richard A. Sheehy State Bar No. 18178600 2500 Two Houston Center 909 Fannin Street Houston, Texas 77010-1003 (713) 951-1000 – Telephone (713) 951-1199 – Facsimile Email: rsheehy@sheehyware.com Attorneys for Defen dants and Appellees

Certificate of Conference There is no opposition to this motion.

Richard A. Sheehy5 Certificate of Service This will certify that a true and corr ect copy of this document has been forwarded to all counsel of record pur suant to the Texas Rules of Appellate Procedure on the 22nd day of April 2015. Wesley S. Coddou Coddou & Coddou, PC 50 Briar Hollow Lane, Suite 575 East Houston, Texas 77027-9341

Richard A. Sheehy

2313372