1 NO. 01-14-00455-CV (APPEAL NO. 1; APPEAL NO. 2; AND APPEAL NO. 3)

_________________________________________________________________ IN THE COURT OF APPEALS FOR THE FIRST SUPREME JUDICIAL DISTRICT OF TEXAS AT HOUSTON, TEXAS

_________________________________________________________________ PHILIPPE TANGUY, 13500 AIR EXPRESS, L.L.C., AND 13500 AIR EXPRESS, L.P., Appellant/Defendant,

VS. PTRE HOLDINGS, L.P. Appellant/Intervenor,

VS. WILLIAM G. WEST, AS CHAPTER 7 TRUSTEE OF RICHARD DAVIS, DEBTOR Appellee/Plaintiff.

_________________________________________________________________ APPELLANTS' MOTION TO ENLARGE TIME WITHIN WHICH TO FILE REPLY BRIEF

_________________________________________________________________ TO THE HONORABLE JUSTICES OF SAID COURT OF APPEALS: COME NOW, the Appellants, Philippe Tanguy ("TANGUY"), 13500 Air Express, LLC, 13500, Air Express, LP, ("13500") and PTRE Holdings, L.P. ("PTRE"), and file this Motion to Enlarge Time Within Which to File their Reply Brief and, in support of this motion, would show the Court the following: 1. The Opening Brief by Appellants and Response Brief by Appellee ACCEPTED 01-14-00455-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 1/22/2015 7:03:06 PM CHRISTOPHER PRINE

CLERK2

were timely filed. The Appellants' Reply Brief is d ue to be filed on January 22, 2015. 2. However, Appellants' counsel, Joe Alfred Izen, Jr., has been ill since January 11, 2015 with fever and inflammat ory symptoms. Izen tried to keep working on the Reply Brief over the time he was suffering these increased symptoms, and hoped to co mplete and file it by January 22, 2015. 3. Izen became worse and developed an increased fe ver which went up to 101 degrees on Wednesday, January 21, 2015. Izen has been unable to walk without crutches for the past ten (1 0) days. 4. Appellants' counsel hopes to recover from his i llness and complete the reply brief within two weeks. Izen has scheduled an appointment with his internist, Dr. Wm. E. Obernour , on Friday, January 23, 2015 to undergo further evaluation and treatment. 5. This enlargement of time is sought not for the p urposes of delay only, but so that Justice may be done. Couns el's medical condition has made a request for enlargement necess ary. 6. Appellants sought one previous enlargement on t his appeal to file his original brief. Appellants filed their Opening Brief within the enlargement granted by this Court. 7. No other enlargement of time to file the Reply Brief has been sought or granted. WHEREFORE, ABOVE PREMISES CONSIDERED, Appellants mo ve this Court3

to entertain this Motion and, after due considerati on of same, that this Court enter an Order: (1) Enlarging the time w ithin which Appellants may file their Reply Brief with this Cou rt to and until February 5, 2015; and (2) Granting Appellants such other and further relief, both in law and in equity, to which they ma y show themselves to be justly entitled. Respectfully submitted, s/Joe Alfred Izen, Jr.

__________________________ Joe Alfred Izen, Jr. TBC # 10443500 5222 Spruce Street Bellaire, Texas 77401 (713) 668-8815 (713) 668-9402 FAX jizen@comcast.net Attorney for Appellants Philippe Tanguy, 13,5000 Air Express L.P. And 13,500 Air Express L.L.C. s/Joe Alfred Izen, Jr.

____________________________ Joe Alfred Izen, Jr. TBC # 10443500 5222 Spruce Street Bellaire, Texas 77401 (713) 668-8815 (713) 668-9402 FAX jizen@comcast.net Attorney for Appellant PTRE Holdings, L.P.4

CERTIFICATE OF CONFERENCE Mr. Wolfshol was contacted via email and gave no po sition although he did send a "read receipt acknowledgement" of the email. s/Joe Alfred Izen, Jr.

_______________________ Joe Alfred Izen, Jr.

CERTIFICATE OF SERVICE I certify that a true and correct copy of the foreg oing document was sent to Joshua W. Wolfshohl, Porter and Hedges, 1000 Main Street, 36th Floor, Houston, TX 77002, (713) 226-6231 FAX by eservice transmission and/or U.S. Mail, postage prepaid, on January 22, 2015. s/Joe Alfred Izen, Jr.

_______________________________ Joe Alfred Izen, Jr.

TANGWESTA.M2E/TK471VERIFICATION

STATE OF TEXAS ) ) COUNTY OF HARRIS ) BEFORE ME, the undersigned authority, on this day p ersonally appeared Joe Alfred Izen, Jr., known to me to be th e attorney for Appellants, who after being by me duly sworn, on hi s oath, did depose and testify that he had read the foregoing document , that all of

the facts stated therein are true and correct and w ithin his own personal knowledge. s/Joe Alfred Izen, Jr.

_______________________________ Joe Alfred Izen, Jr. SUBSCRIBED AND SWORN TO on this the 22nd day of Jan uary, 2015, to certify which witness my hand and seal of office

. s/Karen Cooley

______________________________ Public In and For The State of Texas My commission expires:

6-21-2018 SEAL

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