NO. 04-15-00005-CV

IN THE COURT OF APPEALS

FOURTH COURT OF APPEALS DISTRICT

SAN ANTONIO, TEXAS

 

IN RE ESTATE OF JACK HIROMI IKENAGA, SR., DECEASED

 

 

 

ON APPEAL FROM THE PROBATE COURT NO. 1, BEXAR COUNTY, TEXAS

CAUSE NO. 2011PC4330

SECOND MOTION 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 

Ikenaga, Patrick Gasiorowski, and Eric J. Goodman respectfully present this 

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

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

extension of time to file the Appellees’ Brief has been filed. In support of this

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

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 08/31/2015 3:05:17 PM KEITH E. HOTTLE Clerk
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I.

Appellees’ Brief is currently due on September 8, 2015. Appellees 

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

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

Appellees request an extension of an additional 15 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 additional 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, 2015; 

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 216th District 

Court, Kendall County, Texas;

4. The undersigned filed a response 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 Court 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;
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6. The undersigned has a pre-planned vacation 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.

For 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 15 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 their motion for extension of time in which to 

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

additional 15 days up to and including September 23, 2015, and grant such 

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

entitled.
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Respectfully submitted,

/s/ Samuel V. Houston, III

SAMUEL V. HOUSTON,III

State Bar No. 24041135

HOUSTON DUNN, PLLC

4040 Broadway, Suite 440

San Antonio, Texas 78209

Telephone: (210) 775-0882

Facsimile: (210) 826-0075

sam@hdappeals.com

SHELAYNE CLEMMER

State Bar No. 24044733

KEVIN M. YOUNG

State Bar No. 22199700

PRITCHARD HAWKINS YOUNG

10101 Reunion Place, Suite 600

San Antonio, Texas 78216

Telephone: (210) 477-7400

Facsimile: (210) 477-7450

sclemmer@phymy.com

kyoung@phmy.com

MARK STANTON SMITH

State Bar No. 18649100

HEARD & SMITH, L.L.P.

3737 Broadway, Suite 310

San Antonio, Texas 78209

Telephone: (210) 820-3737

Facsimile: (210) 820-3777

atysmith@heardandsmith.com

ATTORNEYS FOR APPELLEES
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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 31st 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