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

UNOPPOSED FIRST 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, Ch ristine
Ikenaga, Patrick Gasiorowski, and Eric J. Goodman respectfully present this
unopposed first motion to extend time in which to file their Appellees’ B rief
pursuant to Texas Rule of Appellate Procedure 38.6. No previous motions for

extension of time to file the Appellees’ Brief have 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 7/14/2015 10:55:30 AM KEITH HOTTLE CLERK2 I.
Following two extension s , Appellant timely filed her principal b rief on

June 24, 2015

. As a result, Appellees’ Brief is currently due o n July 2 4

,
201 5

. 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
45 days in which to file their Appellees’ Brief or until September 8, 2015

.
II.
The requested extension is necessary because the following matters
have prevented the undersigned from completing the Appellees’ Brief and
will preclude the undersigned from doing so sooner than Septem ber 8,

2015 :

1

. The undersigned was required to prepare the Appellant s’ Brief in Dennis Rayner and Joe Tex Xpress, Inc. v. Krista Dillon , No. 06

- 15

- 00009

- CV, which is currently due on July 17, 2015 ;

2

. The undersigned was required to attend mediation in Ty ler, Texas relating to Dennis Rayner and Joe Tex Xpress, Inc. v. Krista Dillon , No. 06

- 15

- 00009

- CV ;

3. The undersigned prepared and revised post

- judgment filings in 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 has been ordered to file a response to the petitioners’ motion for rehearing in City of Houston and Daniel W. Krueger, in His Official Capacity as Director of Public Works & Engineering v. Little N ell Apartments, LP et al. , No 14

- 0473, in the Texas Supreme Court ; and

5. The undersigned has been out of the office attending meetings associated with his service as President

- elect of the Texas Young Lawyers Association

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

complete the Appellees’ Brief by its current due date of July 24, 2015 , and

needs an additional 45 days in which to do so.

III.

On July 7

, 201 5 , the undersigned confer red with David McLane

,

counsel for Appellant

. Mr. McL ane indicated that Appellant would not

oppose this motion

.
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 fil e the brief an

additional 45 days up to and including September 8, 2015 , and grant such

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

entitled.4 Respectfully submitted,

/s/ Samuel V. Houston, III SAMUEL V. HOUSTON, III S tat e 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 S tate Bar No. 22199700 PRITCHARD, HAWKINS, MCFARLAND & YOUNG, LLP 10101 Reunion Place, Suite 600 San Antonio, Texas 782 16 Telephone: (210) 477

- 7400 Facsimile: (210) 477

- 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) 820

- 3737 Facsimile: (210) 820

- 3777 atysmit h@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 thi s 14 th day of July

, 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, Mayna rd & 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