1 NO. 01 -15- 00 233

- CV

________________________________________

IN THE COURT OF APPEALS

FOR THE FIRST DISTRICT

HOUSTON, TEXAS

________________________________________

EL AHORRO PROPERTIES, LLC, ADVENTURE SUPERMARKETS, LLC

and ROSARA INVESTMENTS, LLC

Appellant s

vs.

AYDA MARTINEZ

Appellee

__________________________________________________________________

UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME

TO FILE BRIEF OF APPELLANT S

__________________________________________________________________

EGGLESTON & BRISCOE, LLP

David W. Smith

Texas State Bar No. 24027868

dws@egglestonbriscoe.com

4800 Three Allen Center

333 Clay Street

Houston, Texas 77002

(713) 659

- 5100

— Telephone

(713) 951

- 9920

— Facsimile

Attorneys for Appellants ACCEPTED

01-15-00233-cv

FIRST COURT OF APPEALS

HOUSTON, TEXAS

4/9/2015 2:03:23 PM

CHRISTOPHER PRINE

CLERK2 TO THE HONORABLE FIRST COURT OF APPEALS:

Appellants, El Ahorro Properties, LLC, Adventure Supermarkets, LLC and

Rosara Investments, LLC, pursuant to Texas Rules of Appellate Procedure 10.5(b)

and 38.6(d), file their Unopposed Motion for Extension of Time to File Brief of

Appellants.

Appellants’ Brief is currently due on April 20, 2015. Appellants seek a

twenty

- one (21) day extension to file their brief. If granted, Appellant’s Brief

would be due on May 11, 2015.

This is Ap pellants’ first request for an extension of time to file their brief.

Appellee does not oppose this motion.

Appellants need an extension of time to file their brief because the parties

are attempting to resolve the arbitration issue. Appellee recently h ad surgery. As a

result, counsel for Appellee has not had the opportunity to consult with her

regarding whether to consent to arbitration in order to avoid the time and expense

associated with this appeal. Further, counsel for Appellant has an out of town

deposition that will take him out of the office on April 15 th

- 16 th and family

commitments April 17 th

- 19 th . As a result, Appellants cannot delay filing this

extension until the parties determine whether an agreement can be reached.3 For these reasons, Appellants El Ahorro Properties, LLC, Adventure

Supermarkets, LLC and Rosara Investments, LLC pray that this Court grant a

twenty

- one (21) day extension of time to file their Brief. Appellants also pray for

such further relief to which they may be entitled. PRAYER

Respectfully submitted,

EGGLESTON & BRISCOE, LLP

4800 Three Allen Center

333 Clay Street

Houston, Texas 77002

713.659.5100

– Telephone

713.951.9920

– Fax

By: /s/ David W. S mith

David W. Smith

State Bar No. 24027868

dws@egglestonbriscoe.com

ATTORNEYS FOR APPELLANT S4 CERTIFICATE OF CONFERENCE

I certify that I have conferred with Rick Molina, counsel for Appellee, and

Appellee does not oppose the relief sought in this motion.

__ /s/ David W. Smith

David W. Smith _______5 CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing instrument was

served on the following counsel of record via electronic notification and/or

facsimile on this the 9 th day of April 201 5 :

Rick Molina

Molina Law Firm

11550 Fuqua, Suite 580

Houston, Texas 77034

__ /s/ David W. Smith

_______ David W. Smith