NO. 04-14-00796-CV

LOCKHILL VENTURES, LLC, § IN THE FOURTH

Defendant-Appellant §

§

v. § COURT OF APPEALS

§

ARD MOR, INC.; TEXAS ARDMOR §

PROPERTIES, LP; AND TEXAS §

ARDMOR MANAGEMENT, LLC, §

Plaintiffs-Appellees § SAN ANTONIO, TEXAS

 

APPELLEES’ UNOPPOSED FIRST MOTION TO

EXTEND TIME TO FILE MOTION FOR REHEARING

 

TO THE FOURTH COURT OF APPEALS:

Appellees ARD MOR, INC., TEXAS ARDMOR PROPERTIES, LP, and

TEXAS ARDMOR MANAGEMENT, LLC ask the Court to extend the time to file

their motion for rehearing.

A. INTRODUCTION

1. Appellant is LOCKHILL VENTURES, LLC; Appellees are ARD MOR,

INC., TEXAS ARDMOR PROPERTIES, LP, and TEXAS ARDMOR

MANAGEMENT, LLC.

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ACCEPTED

04-14-00796-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

7/22/2015 5:24:52 PM

KEITH HOTTLE

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 7/22/2015 5:24:52 PM KEITH E. HOTTLE Clerk
2. This motion is filed within the 15-day period to file a motion to extend

the time to file a motion for rehearing, as required by Texas Rule of Appellate

Procedure 49.8.

3. This Court has the authority under Rule 49.8 to extend the time for a

party to file a motion for rehearing.

4. Appellees’ motion for rehearing is currently due on July 23, 2015.

5. Appellees request an additional 15 days to file the motion for rehearing,

extending the time until August 7, 2015.

6. Appellees request additional time to file the motion for rehearing

because the undersigned counsel is currently and extensively involved in briefing

related to the City of West Texas v. CF Industries Sales, LLC, et al, Cause No. 2013-

2476-4, otherwise known as the West Texas Explosion Cases, pending in the 170th

District Court of McLennan County. Texas. The undersigned counsel’s deadline to

complete all briefing is July 23, 2015, the same day that Appellee’s motion for

rehearing is currently due to be filed.

7. Based on the foregoing, Appellees request an additional 15 days to file

their motion, extending the time until August 7, 2015.

9. No prior extensions of time to file the motion have been requested or

granted.

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10. This extension is not sought for delay, but so that the complex legal

issues involved in the parties’ dispute can be developed and so that justice may be

had.

B. PRAYER

11. For these reasons, Appellees pray that this Motion be granted and that

this Court grant an extension of time to file their motion for rehearing until August

7, 2015, or for other and further relief to which Appellees may be entitled. 

Respectfully submitted,

By: /s/ Karen L. Landinger

Co-Counsel

David L. Earl

State Bar No. 06343030

dearl@earl-law.com

EARL & ASSOCIATES, P.C.

Pyramid Building

601 NW Loop 410, Suite 390

San Antonio, Texas 78216

(210) 222-1500 (Office)

(210) 222-9100 (Fax)

KAREN L. LANDINGER

State Bar No. 00787873

klandinger@cbylaw.com

JAY K. FARWELL

State Bar No. 00784038

jfarwell@cbylaw.com

COKINOS, BOSIEN & YOUNG

10999 West IH-10, Suite 800

San Antonio, Texas 78230

(210) 293-8700 (Office)

(210) 293-8733 (Fax)

ATTORNEYS FOR APPELLEES,

ARD MOR, INC., TEXAS ARDMOR

PROPERTIES, LP AND TEXAS

ARDMOR MANAGEMENT, LLC

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CERTIFICATE OF CONFERENCE

The undersigned hereby certified that Counsel for Appellees have conferred

with Counsel for Appellant who does not oppose this motion.

/s/ Karen L. Landinger

KAREN L. LANDINGER

JAY K. FARWELL

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CERTIFICATE OF SERVICE

I certify that on the 22nd day of July, 2015, a copy of the foregoing

APPELLEES’ MOTION TO EXTEND TIME TO FILE MOTION FOR

REHEARING was served on the following counsel of record by electronic service

through MyFileRunner.com; and the APPELLEES’ MOTION TO EXTEND TIME

TO FILE MOTION FOR REHEARING was duly filed with the Clerk of the Fourth

Court of Appeals through MyFileRunner.com, together with this proof of service:

Lance H. “Luke” Beshara

Randall A. Pulman

Brandon L. Grubbs

PULMAN, CAPPUCCIO, PULLEN,

BENSON & JONES, LLP

2161 N.W. Military Highway, Suite 400

San Antonio, Texas 78213

(210) 222-9494 (Office)

(210) 892-1610 (Fax)

lbeshara@pulmanlaw.com

rpulman@pulmanlaw.com

bgrubbs@pulmanlaw.com

Patrick C. Bernal

Elizabeth M. Provencio

DENTON NAVARRO ROCHA BERNAL HYDE & ZECH

A Professional Corporation

2517 N. Main Avenue

San Antonio, Texas 78212

(210) 227-3243 (Office)

(210) 225-4481 (Fax)

patrick.bernal@rampage-sa.com

elizabeth.provencio@rampage-sa.com

/s/ Karen L. Landinger

KAREN L. LANDINGER

JAY K. FARWELL

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