NO. 04-15- 00005

- CV

IN THE COURT OF APPEALS FOURTH COURT OF APPEALS DISTRICT SAN ANTONIO, TEXAS

I N RE E STATE OF J ACK H IROMI I KENAGA

, S R

., D ECEASED

O N A PPEAL FROM T HE P ROBATE C OURT N O

. 1, B EXAR C OUNTY

, T EXAS C AUSE N O

. 2011PC4330

SECOND MOTIO N FOR EXTENSION OF TIME TO FILE APPELLEES’ BRIEF

TO THE HONORABLE FOURTH COURT OF APPEALS :
Appellees Jack Ikenaga, Jr., William D. Bailey, Temporary

Administrator or the Estate of Jack Ikenaga Jr., Nancy Sumners, Christine

I kenaga, Patrick Gasiorowski, and Eric J. Goodman respectfully present this

second motion to extend time in which to file their Appellees’ B rief pursuant

to Texas Rule of Appellate Procedure 38.6. One previous motion for

extension of time to file the Appell ees’ Brief ha s been filed. In support of t his

motion, Appellees would show the Court as follows: ACCEPTED 04-15-00005-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 8/31/2015 3:05:17 PM KEITH HOTTLE CLERK2 I.

Appellees’ Brief is currently due on September 8 , 201 5

. Appellees

intend to file a single brief, and that brief will be drafted principally by the

undersi gned. Because of the events and matters described more fully below,

Appellees request an extension of an additional 1 5 days in which to file their

Appellees’ Brief or until September 23 , 2015

.
II.

The requested extension is necessary because the following matters

and issues have prevented the undersigned from completing the Appellees’

Brief and will preclude the undersigned from doing so sooner than

September 23 , 2015 :

1

. The clerk’s record in this appeal contains numerous errors and omissions and additiona l time has been expended to determine what items need to be included in a supplemental/corrected clerk’s record ;

2

. The undersigned filed the Appellants’ Brief in Dennis Rayner and Joe Tex Xpress, Inc. v. Krista Dillon , No. 06

- 15

- 00009

- CV on August 17, 201 5 ;

3. The undersigned completed documents necessary to perfect an appeal to this Court from Robertson Electric, Inc. v. Select Building Systems, Inc. et al. , No. 13

- 212, in the 216 th District Court, Kendall County, Texas;

4

. The undersigned filed a respon se to petitioners’ motion for rehearing in City of Houston and Daniel W. Krueger, in His Official Capacity as Director of Public Works & Engineering v. Little Nell Apartments, LP et al. , No 14

- 0473, in the Texas Supreme Court on August 12, 2015 ;

5. This C ourt issued an opinion in Hindes v. La Salle County, Texas , No. 04

- 14

- 00651

- CV on August 26, 2015, and the undersigned needs time to determine whether a motion for rehearing or motion for rehearing en banc should be filed;3 6

. The undersigned has a pre

- plan ned vac ation scheduled and will be out of state from September 4, 2015 through September 7, 2015; and

7

. The undersigned ’s child has been ill, which required the undersigned to be out of the office for several days.

F or all of the reasons explained above, counsel for Appellees cannot

complete the Appellees’ Brief by its current due date of September 8 , 2015

,

and needs an additional 1 5 days in which to do so.

III.

The undersigned has attempted to confer with David McLane,

appellate counsel for appellant, via email and by telephone to determine

whether this motion would be opposed. The undersigned has yet to hear

from Mr. McLane as to whether the motion will be opposed.

.

WHEREFORE, PREMISES CONSIDERED, Appellees respectfully

request that this Court grant the ir motion for extension of time in which to

file their Appellees’ Brief , extend the deadline in which to file the brief an

additional 1 5 days up to and including September 23 , 2015 , and grant such

other and further relief to which Appellees may be justly a nd equitably

entitled.4 Respectfully submitted,

/s/ Samuel V. Houston, III SAMUEL V. HOUSTON, III S tate Bar No. 24041135 HOUSTON DUNN, PLLC 4040 Broadway , Suite 4 40 San Antonio, Texas 782 09 Telephone: (210) 7 75

- 088 2 Facsimile: (210) 826

- 0075 sam@hdappeals.com

SHELAYNE CLEMMER S tate Bar No. 2404 4733 KEVIN M. YOUNG State Bar No. 22199700 PRITCHARD HAWKINS YOUNG 10101 Reunion Place, Suite 600 San Antonio, Texas 782 16 Telephone: (210) 477

- 7400 Facsimile: (210) 47 7

- 7450 sclemmer@phymy.com kyoung@phmy.com

MARK STANTON SMITH S tate Bar No. 18649100 HEARD & SMITH, L.L.P. 3737 Broadway , Suite 310 San Antonio, Texas 782 09 Telephone: (210) 8 20

- 3737 Facsimile: (210) 820

- 3777 atysmith@heardandsmith.com

ATTORNEY S FOR APPELL EES5 CERTIFICATE OF SERVICE

I do hereby certify that a true and correct copy of the foregoing motion has been served on the following counsel in accordance with the Texas Rules of Appellate Procedure , on this 31 st day of August

, 2015 :

David L. McLane via email/eservice Attorney at Law 9901 IH

- 10 West, Ste. 695 San Antonio , Texas 78230 dlmclanelaw@yahoo.com

Roger L. McCleary via email/eservice Beirne, Maynard & Parsons, L.L.P. 1300 Post Oak Blvd., Ste. 2500 Houston, Texas 77056 rmcleary@bmpllp.com

/s/ Samuel V. Houston, III SAMUEL V. HOUSTON, III