# NO. 04-13-00608- CV

IN THE TEXAS COURT OF APPEALS FOR THE FOURTH DISTRICT SAN ANTONIO, TEXAS
* * * * *
SMITH

- REAGAN & ASSOCIATES, INC., D/B/A SMITH

- REAGAN INSURANCE AGENCY , APPELLANT , V. FORT RINGGOLD LIMITED, PETE DIAZ III, AARON DIAZ and MONICA AGUILLON , APPELLEES
. * * * * * On Appeal from the 381 st 

### Judicial District Court Starr County, Texas District Court Cause No. DC

- 02

- 343
UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ MOTION FOR REHEARING AND MOTION FOR REHEARING EN BANC
* * * * *
THE HONORABLE JUSTICES OF THE COURT: 

### Fort Ringgold Limited, Pete Diaz III, Aaron Diaz and Monica Aguillon , Appell ee s, r espectfully present this un opposed motion requesting that the time for filing Motion for Rehearing and Motion for Rehearing En Banc be extended fourteen (14 ) days , from March 26, 2015 to April 9 , 2015. In support of this motion, Appell ee would show
the Court as follows: ACCEPTED 04-13-00608-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 3/20/2015 10:37:32 AM KEITH HOTTLE CLERK2 1. The Court’s memorandum opinion and judgment in this appeal were delivered March 11, 2015. Motions for rehearing are currently due in this matter by March 26, 2015. This motion is being f iled prior to the time Appellees’ motions are due.
2

. Appell ees request the C ourt extend the deadline for rehearing motions by
an additional fourteen ( 14 ) days from the date the motions are currently due, making
them due on or before April 9 , 2015, because of significant scheduling conflicts for their appellate counse l as detailed below.
3

. Since this Court’s memorandum opinion and judgment were issued,

a ppellate Counsel for Appell ees , Brendan K. McBride, has been occupied with drafting and finalizing a brief that was filed with the Twelfth Court of Appeals on March 19 , 2015
in Cause No. 12

- 14

- 00155

- CV, Brewer, et. al. v. Lowe’s Home Centers, Inc. Mr. McBride is currently assisting with trial briefing and preparation for a matter that is set to begin trial on Monday, March 23, 2015 in Bexar County, Cause No. 208

- CI

- 11736, Mulder v. Venture Trans. Logistics

. In addition, Mr. McBride will be presenti ng oral argument to this Court on Thursday, March 26, 2015, the date the motions are currently
due in this case , in Cause No. 14

- 14

- 00562

- CV, De Los Santos v. Ford Motor Company

. 4

. In order for their counsel to give the necessary attention to the issues , and to adequately prepare Appellees’ Motion for Rehearing and Motion for Rehearing En
Banc , Appell ees request a fourteen ( 14 ) day extension of time to accommodate these scheduling conflicts.
5

. This is the first extension Appell ees ha ve requested regard ing any deadlines in this appeal

.3 6

. This extension is not requested for any purpose of delay, but so that justice may be done.
9. Certificate of Conference: On March 19 

### , 201 5 , the undersigned exchanged emails with counsel for Appell ant , Crisant a Lozano , regarding the relief
request ed in this motion. Appellant’s counsel ’s indicated that this motion could be
filed as UNOPPOSED

.

Respectfully submitted,

By: ________________________________ Brendan K. McBride State Bar No. 24008900 Brendan.mcbride@att.net T HE 

### M C 

### B RIDE 

### L AW 

### F IRM 

### Of Counsel to G RAVELY 

### & P EARSON 

### , L L P 

### 425 Soledad, Suite 620 San Antonio, Texas 78205 (210) 227

- 1200 Telephone (210) 881

- 6752 Facsimile
And
Matthew R. Pearson State Bar No. 00788173 GRAVELY & PEARSON, L.L.P. 425 Soledad, Suite 600 San Antonio, Texas 78205 Telephone: (210) 472

- 1111 Facsimile: (210) 472

- 1110
COUNSEL FOR APPELLEES4 

### CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document has been forwarded on this 20 th 

### day of March , 201 5 to Appell ant’s counsel of record , Crisanta Lozano , by electronic service through Texas.gov

.

____________________________________ Brendan K. McBride