01-015-00152-CV; Motion to Extend Page 1 

CAUSE NO. 01-15-00152-CV

IN THE COURT OF APPEALS 

FOR THE FIRST JUDICIAL DISTRICT OF TEXAS 

HOUSTON, TEXAS 

DONALD B. MULLINS and BLUE SKY RIGHT OF WAY, L.L.C. 

Appellants 

v.

MARTINEZ R.O.W., LLC f/k/a MARTINEZ INVESTMENTS 

Appellee 

Appealed from the 149th Judicial District Court 

of

Brazoria County, Texas 

 

MOTION TO EXTEND DEADLINE 

TO FILE APPELLANTS’

BRIEF 

 

TO THE HONORABLE FIRST COURT OF APPEALS: 

Appellants, DONALD B. MULLINS ("Mullins"), and BLUE SKY RIGHT 

OF WAY, L.L.C. (“Blue Sky”), file this Motion to Extend Deadline to File 

Appellant’s Brief, and in support thereof state as follows: 

I. BASES FOR THE MOTION 

In the above-styled case, the Clerk’s Record was filed on April 24, 2015. 

Therefore, the Appellants’ Initial Brief is now due on May 26, 2015.

ACCEPTED

01-15-00152-cv

FIRST COURT OF APPEALS

HOUSTON, TEXAS

5/4/2015 1:44:20 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 5/4/2015 1:44:20 PM CHRISTOPHER A. PRINE Clerk
01-015-00152-CV; Motion to Extend Page 2

Appellants have ascertained that a short Reporter’s Record exists for 

November 10, 2014, and February 10, 2015, i.e. the relevant hearing dates in the 

trial court for the orders and judgment on appeal. At this time, the court reporter is 

recording testimony for a trial, estimated to require at least one additional week, 

and has been unable to provide the cost to prepare the referenced hearing 

transcripts. Appellants will arrange for their preparation and delivery to the court

when the cost estimate is received.

In addition, the undersigned counsel will be out of the office and on vacation 

from May 21 – June 2, 2015. The undersigned has also filed a Harris County 

Vacation Letter that includes the weeks of June 1 – 12, 2015.

Appellants’ Initial Brief will require detailed preparation and multiple 

references to the appellate record. Accordingly, Appellants request an extension of 

the Appellants’ initial briefing deadline through June 30, 2015, to (1) permit the 

filing of the Reporter’s Record, and (2) allow adequate time thereafter for 

preparation of Appellants’ Initial Brief. 

This motion is the Appellants’ first request to extend the initial briefing

deadline. The parties have conferred and the motion is not opposed.

II. RELIEF SOUGHT

For the foregoing reasons, Mullins and Blue Sky seek an extension of the 

filing deadline for their Initial Brief, through and including June 30, 3015.
01-015-00152-CV; Motion to Extend Page 3

WHEREFORE, Appellants Mullins and Blue Sky pray that their motion be 

granted, and for such other and further relief as the court deems just.

 Respectfully Submitted,

/s/ Patrick F. Timmons, Jr.

 Patrick F. Timmons, Jr.

 TBN 20049500

 8556 Katy Freeway, Suite 120

 Houston, Texas 77024-1806

 pft@timmonslawfirm.com

 (713)465-7638 telephone

 (713)465-9527 facsimile

CERTIFICATE OF SERVICE

As required by Texas Rule of Appellate Procedure 6.3 and 9.5(b), (d), (e), I 

certify that a true and correct copy has been delivered to Mr. David P. Boyce, 

Wright & Greenhill, P.C , 221 West 6th Street, Suite 1800, Austin, Texas 78701, 

512-476-5382, on this 4th day of May, 2015, by telecopy and electronic filing.

 /s/ Patrick F. Timmons, Jr.

 Patrick F. Timmons, Jr.