CASE NO. 07-15-00266-CV

IN THE SEVENTH COURT OF APPEALS

AT AMARILLO, TEXAS

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CITY OF GLEN ROSE, TEXAS and

THE BOARD OF ADJUSTMENT OF THE CITY OF GLEN ROSE, TEXAS,

Appellants,

v.

ERNEST and SHIRLEY REINKE,

Appellees.

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Appeal from Cause No. C10381 

in the 249th Judicial District of Somervell County,

the Honorable William Bosworth, Presiding

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APPELLANTS’ FIRST MOTION FOR

EXTENSION OF TIME TO FILE BRIEF

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Fredrick “Fritz” Quast

fquast@toase.com

Texas Bar No. 24032974

Wayne K. Olson

wolson@toase.com

Texas Bar No. 15276900

Ashley D. Dierker

adierker@toase.com

Texas Bar No. 24065399

Members of the Law Firm of:

Taylor, Olson, Adkins, Sralla

 & Elam, L.L.P.

6000 Western Place, Suite 200

Fort Worth, Texas 76107

Telephone No.: (817) 332-2580

Fax No.: (817) 332-4740 

Brady Pendleton

Glen Rose City Attorney

brady@pendletonlawoffices.com

Law Offices of Bradley L. Pendleton

P.O. Box 483

Stephenville, Texas 76401

Telephone No.: (254) 965-4000

Fax No.: (817) 887-3196

ATTORNEYS FOR APPELLANTS

ACCEPTED

07-15-00266-cv

SEVENTH COURT OF APPEALS

AMARILLO, TEXAS

9/17/2015 2:56:44 PM

Vivian Long, Clerk

 FILED IN 7th COURT OF APPEALS AMARILLO, TEXAS 9/17/2015 2:56:44 PM VIVIAN LONG CLERK
CASE NO. 07-15-00266-CV

IN THE SEVENTH COURT OF APPEALS

AT AMARILLO, TEXAS

*****************************************

CITY OF GLEN ROSE, TEXAS and

THE BOARD OF ADJUSTMENT OF THE CITY OF GLEN ROSE, TEXAS,

Appellants,

v.

ERNEST AND SHIRLEY REINKE,

Appellees.

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APPELLANT’S FIRST MOTION FOR

EXTENSION OF TIME TO FILE BRIEF

*****************************************

TO THE HONORABLE JUSTICES OF THE SEVENTH COURT OF APPEALS:

Now comes the City of Glen Rose, Texas, and The Board of Adjustment of the

City of Glen Rose, Texas (collectively, Appellants), Appellants before this Court and

defendants in the trial court. Appellants move this Court for an order extending time

to file their brief. Appellants will show the following in support of this motion:

1. Background Facts

The clerk’s record was filed August 19, 2015.

2. The Extension Requested

If no extension is granted by this Court, the Appellants’ opening brief is due on

Monday, September 21, 2015. Tex. R. App. P. 38.6(c). Appellants seek an

extension of time for a period of fourteen (14) days, until and including Monday,

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October 5, 2015. This case is not accelerated and has not yet been set for submission.

3. Grounds for Extension

A reasonable explanation and good cause for the need for more time to file the

brief exists. Since the date the clerk’s record was filed, the undersigned counsel has

been occupied with numerous other matters, including:

(1) On September 22, 2015, the case of City of Carrollton v. Milan Hamrla,

et al., Case No. 02-15-00119-CV, is set for submission with oral

argument to the Second Court of Appeals. The undersigned counsel

represents the City of Carrollton and is preparing for argument in that

case. The record is extensive (over 3,600 pages in clerk’s record and a

five-volume reporter’s record).

(2) The undersigned counsel is city attorney for a city that has placed two of

its most senior officials on administrative leave pending an investigation

this summer. Late August and early September are important to the

budget adoption, property tax rate adoption, and the November election

cycle for cities, and the undersigned has been busy assisting interim

officials with these and related tasks.

(3) The undersigned counsel represents the Town of Annetta South in the

case of Town of Annetta South, et al. v. Seadrift Development, L.P., Case

No. 14-1052 before the Texas Supreme Court. Although review has not

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been granted, on September 4, 2015, the supreme court requested full

briefing on the merits, with Annetta South’s brief due on October 4,

2015. The undersigned has begun preparing the brief.

No other attorney in counsel’s firm has had sufficient time, appellate expertise

and familiarity with this case to prepare the brief. Finally, this is the first extension

sought by the undersigned counsel in this case. The requested extension will not

unduly delay this case. The extension is not sought for purposes of delay, but so that

justice may be done.

4. Verification

Verification of this motion is not required pursuant to Rule 10.2 of the Texas

Rules of Appellate Procedure because the facts in support of this motion are either

within the appellate record, or are within the personal knowledge of the undersigned

counsel. Tex. R. App. P. 10.2.

REQUEST FOR RELIEF

For the reasons stated, Appellants request this Court enter an order granting the

requested extension of time. Appellants seek an extension of time for a period of

fourteen (14) days, until and including Monday, October 5, 2015.

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Respectfully Submitted,

/s/ Fredrick “Fritz” Quast 

Fredrick “Fritz” Quast

fquast@toase.com

Texas Bar No. 24032974

Wayne K. Olson

wolson@toase.com

Texas Bar No. 15276900

Ashley D. Dierker

adierker@toase.com

Texas Bar No. 24065399

Taylor, Olson, Adkins, Sralla

& Elam, L.L.P.

6000 Western Place, Suite 200

Fort Worth , Texas 76107

(817) 332-2580 - Telephone

(817) 332-4740 - Fax

Brady Pendleton

Glen Rose City Attorney

brady@pendletonlawoffices.com

Law Offices of Brady L. Pendleton

P.O. Box 483

Stephenville, Texas 76401

ATTORNEYS FOR APPELLANTS 

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CERTIFICATE OF CONFERENCE

A conference was held on the merits of this motion on September 17, 2015,

between the counsel for Appellees, Stuart V. Neal, and the undersigned counsel for

Appellant. This motion is not opposed. 

/s/ Fredrick “Fritz” Quast 

Fredrick “Fritz” Quast

CERTIFICATE OF SERVICE

A true and correct copy of the above and foregoing motion has been served

through the electronic service provider pursuant to Rule 9.5(b) on this day, September

17, 2015, to the following counsel for Appellees:

Stuart V. Neal

snealattorney@hotmail.com

201 East Bridge Street

Granbury, Texas 76048

Phone : (817) 573-9980

Fax: (817) 579-6280

Attorney for Appellees

/s/ Fredrick “Fritz” Quast 

Fredrick “Fritz” Quast

CERTIFICATE OF COMPLIANCE

Pursuant to Rule 9.4(3) of the Texas Rules of Appellate Procedure, the

undersigned authority hereby certifies that according to the word processing software

used to prepare this filing, the word count of this document is 531.

/s/ Fredrick “Fritz” Quast 

Fredrick “Fritz” Quast

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