{MOTION~1}

NO. 04-15-00021-CV

IN THE

COURT OF APPEALS FOR THE

FOURTH COURT OF APPEALS DISTRICT

SAN ANTONIO, TEXAS ______________

BOARD OF ADJUSTMENT FOR THE CITY OF SAN ANTONIO

APPELLANT

VERSUS

MICHAEL AND THERESA HAYES

APPELLEES

______________

APPEAL FROM THE COUNTY COURT AT LAW NUMBER TEN, BEXAR COUNTY, TEXAS

NO. 2014CV00284

 

Motion for Extension of Time to File Brief of Appellees 

Appellees Michael and Theresa Hayes file this Motion for Extension of Time to 

File Brief of Appellees.

1. After obtaining one extension, Appellant filed its Brief of Appellant on 

July 8, 2015. After that date, the undersigned agreed to appear in this matter as 

additional appellate counsel for Appellees. 

2. Appellees hereby request an extension for filing their brief. Lead appellate 

counsel for Appellees has a previously-planned vacation over most of the next two 

ACCEPTED

04-15-00021-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

7/22/2015 3:22:34 PM

KEITH HOTTLE

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 07/22/2015 3:22:34 PM KEITH E. HOTTLE Clerk
{MOTION~1} – 2 –

weeks. Lead appellate counsel also has deadlines in numerous cases over the next 

month including:

a. Steve Cooper, et al. v. Texas Alcoholic Beverage Commission, et al.; 

Docket No. 14-51343, in the United States Court of Appeals for the 

Fifth Circuit; 

b. Young Chevrolet, Inc., et al. v. Texas Commission on Environmental 

Quality, et al.; in the Court of Appeals for the Third Court of Appeals 

District, Austin, Texas;

c. Miguel Rishmague, et al. v. Robert Winter, et al., Docket No. 14-11118, in 

the United States Court of Appeals for the Fifth Circuit.

3. Appellees therefore request a 30-day extension of the deadline for filing their

brief such that the brief will be due on or before September 7, 2015.

4. Counsel for Appellees contacted counsel for Appellant, who indicated that 

the requested extension is unopposed.

5. This is Appellees’ first request for an extension for filing of their Brief of 

Appellees and the extension is not sought for delay, but so that justice may be had.

WHEREFORE Appellees pray that this Motion be granted such that Appellees’

Brief be considered timely filed on or before September 7, 2015, and this Court 

award Appellees such other and further relief, both general and special, at law or in 

equity, to which they may be entitled.
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Respectfully submitted,

PULMAN, CAPPUCCIO,

PULLEN, BENSON & JONES, LP

2161 NW Military Highway, Suite 400

San Antonio, Texas 78213

www.pulmanlaw.com

(210) 222-9494 Telephone

(210) 892-1610 Facsimile

By: /s/ Leslie Sara Hyman

Elliott S. Cappuccio

State Bar No. 24008419

ecappuccio@pulmanlaw.com

Leslie Sara Hyman

Texas State Bar No. 00798274

lhyman@pulmanlaw.com

Brennan R. Kucera

State Bar No. 24076491

bkucera@pulmanlaw.com

EARL & ASSOCIATES, P.C.

David L. Earl

Texas State Bar No. 06343030

Megan J. Clay

Texas State Bar No. 24077729

601 NW Loop 410, Suite 390

San Antonio, Texas 78216

(210) 222-1500 Telephone

(210) 222-9100 Facsimile

ATTORNEYS FOR APPELLEES

MICHAEL AND THERESA HAYES
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CERTIFICATE OF SERVICE

I hereby certify that on the 22nd day of July, 2015, the foregoing Motion for Extension 

of Time to File Brief of Appellees has been transmitted by electronic service in accordance 

with the requirements of the Texas Rules of Appellate Procedure addressed as follows:

Via Email: alopezoffice@gmail.com

Albert López

Law Offices of Albert López

14310 Northbrook Drive, Suite 200

San Antonio, Texas 78232

/s/ Leslie Sara Hyman

Leslie Sara Hyman