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

UNOPPOSED FIRST 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 

unopposed first motion to extend time in which to file their Appellees’ Brief 

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 this

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

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 07/14/2015 10:55:30 AM KEITH E. HOTTLE Clerk
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I.

Following two extensions, Appellant timely filed her principal brief on 

June 24, 2015. As a result, Appellees’ Brief is currently due on July 24, 

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 

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 September 8, 

2015:

1. The undersigned was required to prepare the Appellants’ 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 Tyler, 

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 216th 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 Nell 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.
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For 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, 2015, the undersigned conferred with David McLane, 

counsel for Appellant. Mr. McLane 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 file 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.
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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, 

MCFARLAND & YOUNG, LLP

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 14th 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, 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