NO. 04-14-00429-CV

 

IN THE COURT OF APPEALS FOR THE

FOURTH COURT OF APPEALS DISTRICT

SAN ANTONIO, TEXAS

 

CITY OF SAN ANTONIO, ACTING THROUGH

CITY PUBLIC SERVICE BOARD OF SAN ANTONIO

 Appellant

v.

CASEY INDUSTRIAL,INC. 

 Appellee

On Appeal from the 408th Judicial District Court

Bexar County, Texas

The Hon. Michael E. Mery, Presiding

UNOPPOSED MOTION FOR EXTENSION OF TIME

TO FILE MOTION FOR REHEARING

TO THE HONORABLE JUSTICES OF THE COURT: 

Appellee Casey Industrial, Inc. respectfully files this motion 

requesting that the time for filing a motion for rehearing and motion for 

reconsideration en banc be extended thirty (30) days to August 17, 2015 (30 

days falling on Saturday, August 15, 2015). As good cause, Appellee would 

show the following:

ACCEPTED

04-14-00429-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

7/15/2015 3:45:27 PM

KEITH HOTTLE

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 07/15/2015 3:45:27 PM KEITH E. HOTTLE Clerk
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I.

This Court issued its opinion and judgment on July 1, 2015, making 

the motion for rehearing due July 16, 2015. No previous extensions of time 

to file this motion have been requested or granted.

II.

At the time the opinion issued, I had prior commitments that 

prevented immediate work on and completion of a motion for rehearing by 

the current deadline, including but not limited to: (1) extensive legal 

research for purposes of preparing dispositive motions in Maricela 

Aguirre, et al. v. Compass Well Services, LLC, et al., Cause No. C-5481-14-

G, pending in the 370th Judicial District Court, Hidalgo County, Texas; (2) 

extensive legal research and briefing in preparation of a response to a 

motion for rehearing City of Houston, et al. v. Little Nell Apartments, LP, 

et al., No. 14-0473, pending in the Supreme Court of Texas; and (3) legal 

research in opposition to a Motion to Disqualify and potential mandamus 

in Jimmy Martinez v. H.E. Butt Grocery Company, et al., Cause No. 2013-

CI-04168, pending in the 408th Judicial District Court, Bexar County, 

Texas.

This extension is not sought for purposes of delay, but is needed as a 

result of the previously mentioned deadlines and commitments.
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For these reasons, Appellee Casey Industrial, Inc. prays that this 

motion be granted and that the time for filing its motion for rehearing be 

extended thirty (30) days to August 17, 2015.

Respectfully submitted,

/s/ Nissa M. Dunn

NISSA M. DUNN

State Bar No. 14766450

HOUSTON DUNN, PLLC

4040 Broadway, Suite 440

San Antonio, Texas 78209

Telephone: (210) 775-0881

Fax: (210) 826-0075

nissa@hdappeals.com

JOHN C. HOWELL

State Bar No. 10101650

ALLEN STEIN & DURBIN, P.C.

6243 IH-10 West, Suite 700

San Antonio, Texas 78201-2092

Telephone: (210) 734-7488

Fax: (210) 738-8036

jhowell@asdh.com

CHRISTOPHER A. WRIGHT

Pro Hac Vice

WATT TIEDER HOFFAR & FITZGERALD, LLP

1215 Fourth Avenue, Suite 2210

Seattle, Washington 98161

Telephone: (206) 204-5800

Fax: (206) 204-0284

cwright@watttieder.com

ATTORNEYS FOR APPELLEE

CASEY INDUSTRIAL, INC.
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CERTIFICATE OF CONFERENCE

I certify that I contacted appellate counsel for Appellant, Judith R. 

Blakeway by e-mail on July 15, 2015, concerning the substance of this 

motion. Ms. Blakeway responded that Appellant would not oppose the 

motion.

 /s/ Nissa M. Dunn

Nissa M. Dunn

CERTIFICATE OF SERVICE

The undersigned certifies that a true and correct copy of this

document has been delivered, pursuant to the Texas Rules of Appellate

Procedure on the 15th day of July, 2015, to the following:

Judith R. Blakeway Via E-service and/or E-mail

STRASBURGER & PRICE, LLP

2301 Broadway

San Antonio, Texas 78215

judith.blakeway@strasburger.com

Annalyn G. Smith Via E-service and/or E-mail

SCHMOYER REINHARD, LLP

17806 IH-10 West, Suite 400

San Antonio, Texas 78257

asmith@sr-llp.com

/s/ Nissa M. Dunn

NISSA M. DUNN