NO. 04-14- 00 651

- CV

IN THE COURT OF APPEALS FOURTH COURT OF APPEALS DISTRICT SAN ANTONIO, TEXAS

P HILIP W AYNE H INDES AND M ELINDA H INDES E USTACE
, Appellants

v.

L A S ALLE C OUNTY
, T EXAS
, H ON

. J OEL R ODRIGUEZ
, J R
., I N H IS O FFICIAL C APACITY AS C OUN TY J UDGE
, L A S ALLE C OUNTY
, T EXAS
, AND H ON

. R AUL A YALA
, I N H IS O FFICIAL C APACITY AS C OUNTY C OMMISSIONER
, P RECINCT 4, L A S ALLE C OUNTY
, T EXAS

. Appellee s

O N A PPEAL FROM T HE 81 ST D ISTRICT C OURT
, L A S ALLE C OUNTY
, T EXAS H ONORABLE D ICK A LCA LA P RESIDING C AUSE N O

. 12

- 09

- 00179

- CVL

UNOPPOSED FIRST MOTIO N FOR EXTENSION OF TIME TO FILE APPELLANTS’ REPLY BRIEF

TO THE HONORABLE FOURTH COURT OF APPEALS : Appellants respectfully present this unopposed first motion to extend

the time in which to fi le their Appellants’ Reply B rief pursuant to Texas Rule

of Appellate Procedure 38.6. No previous motions for extension of time to file
the Appellants’ Reply Brief have been filed. In support of t his motion, appellants would show the Court as follows: ACCEPTED 04-14-00651-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 2/17/2015 11:30:37 AM KEITH HOTTLE CLERK2 I.

A ppell ants ’ Reply Brief is currently due on February 25 , 201 5

. Because of the events and matters described more fully below, appellants
request an extension of an additional 3 0 days in which to file the
Appell ants ’ Reply Brief or until March 27, 2015

. II.

T he requested extension is necessary because the following matters have prevented the undersigned from completing the Appellants ’ Reply

Brief and will preclude the undersigned from doing so sooner than March

27, 2015 :

1

. The undersigned prepared motions to exclude evidence in order to meet a pretrial deadline in Martha Elvia Bolanos et al. v. General Motors et al. , No. 7,478, in the 49 th Judicial District Court, Zapata County, Texas ;

2

. The undersigned had to prepare legal research and analysis to prepare fo r an appellate mediation in Dennis Rayner and Joe Tex Xpress, Inc. v. Krista Dillon , No. 06

- 15

- 00009

- CV, in the Texarkana Court of Appeals ;

3

. The undersigned completed legal research in connection a proposed jury charge in Marvin Stoxstell v. Union Pacif ic Railroad Co. et al. , No. 2012

- 54418, in the 55 th Judicial District Court, Harris County, Texas ; and

4

. The undersigned was nominated to run for President

- Elect of the Texas Young Lawyers Association and has had expended considerable time preparing for the campaign

. F or all of the reasons explained above, counsel for appellants cannot
complete the Appellants ’ Reply Brief by its current due date of February 25

,

201 5 , and needs an additional 3 0 days in which to do so.3 III.

On February 16

, 201 5 , the undersi gned confer red with Michael

Shaunessy

, lead appellate counsel for appellees

. Mr. Shaunessy indicated

that this motion would not be opposed

.
WHEREFORE, PREMISES CONSIDERED, appellants respectfully

request that this Court grant their motion for extension of time in which to

file the Appellants ’ Reply Brief , extend the deadline in which to file the brief

an additional 3 0 days up to and including March 27, 2015 , and grant such

other and further relief to which appellants may be justly and equitably

entitled.

Respectfully submitted,

/s/ Samuel V. Houston, III SAMUEL V. HOUSTON, III S tate Bar No. 24041135 Direct Line: (210) 775

- 0882 HOUSTON DUNN, PLLC 4040 Broadway , Suite 4 40 San Antonio, Texas 782 09 Telephone: (210) 7 75

- 088 0 Fa x : (210) 826

- 0075 sam@hdappeals.com

ATTORNEY FOR APPELL ANTS4 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 17 th day of February

, 201 5 :
Christopher S. Johns Via email /e

- service J OHNS M ARRS E LLIS & H ODGE LLP 805 West 10 th Street , Suite 400 Austin, Texas 78 701 cjohns@jmehlaw.com

Michael S. Shaunessy Via email /e

- service M C G INNIS L OCHRIDGE
, LLP 600 Congress Ave, Suite 2100 Austin, Texas 78701 MShaunessy@mcginnislaw.com

Dan Miller Via email /e

- service M C E LROY
, S ULLIVAN
, M ILLER W EBE R & O LMSTEAD
, LLP P.O. Box 12127 Austin, Texas 78711 dmiller@msmtx.com

/s/ Samuel V. Houston, III SAMUEL V. HOUSTON, III