NO. 04-14-00651-CV

IN THE COURT OF APPEALS

FOURTH COURT OF APPEALS DISTRICT

SAN ANTONIO, TEXAS

PHILIP WAYNE HINDES AND MELINDA HINDES EUSTACE, 

 Appellants

v.

LA SALLE COUNTY, TEXAS, HON. JOEL RODRIGUEZ, JR.,IN HIS OFFICIAL 

CAPACITY AS COUNTY JUDGE, LA SALLE COUNTY, TEXAS, AND HON. RAUL AYALA,

IN HIS OFFICIAL CAPACITY AS COUNTY COMMISSIONER, PRECINCT 4, LA SALLE 

COUNTY, TEXAS. 

 Appellees 

ON APPEAL FROM THE 81ST DISTRICT COURT, LA SALLE COUNTY, TEXAS

HONORABLE DICK ALCALA PRESIDING

CAUSE NO. 12-09-00179-CVL

UNOPPOSED FIRST MOTION 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 file their Appellants’ Reply Brief 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 this 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

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 2/17/2015 11:30:37 AM KEITH E. HOTTLE Clerk
2

I.

Appellants’ Reply Brief is currently due on February 25, 2015. 

Because of the events and matters described more fully below, appellants

request an extension of an additional 30 days in which to file the

Appellants’ Reply Brief or until March 27, 2015.

II.

The 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 49th Judicial District 

Court, Zapata County, Texas;

2. The undersigned had to prepare legal research and analysis to 

prepare for 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 Pacific 

Railroad Co. et al., No. 2012-54418, in the 55th 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.

For all of the reasons explained above, counsel for appellants cannot 

complete the Appellants’ Reply Brief by its current due date of February 25, 

2015, and needs an additional 30 days in which to do so.
3

III.

On February 16, 2015, the undersigned conferred 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 30 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

State Bar No. 24041135

Direct Line: (210) 775-0882

HOUSTON DUNN, PLLC

4040 Broadway, Suite 440

San Antonio, Texas 78209

Telephone: (210) 775-0880

Fax: (210) 826-0075

sam@hdappeals.com

ATTORNEY FOR APPELLANTS
4

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 17th day of February, 2015:

Christopher S. Johns Via email/e-service

JOHNS MARRS ELLIS & HODGE LLP

805 West 10th Street, Suite 400

Austin, Texas 78701

cjohns@jmehlaw.com

Michael S. Shaunessy Via email/e-service

MCGINNIS LOCHRIDGE, LLP

600 Congress Ave, Suite 2100

Austin, Texas 78701

MShaunessy@mcginnislaw.com

Dan Miller Via email/e-service

MCELROY, SULLIVAN, MILLER

WEBER & OLMSTEAD, LLP

P.O. Box 12127

Austin, Texas 78711

dmiller@msmtx.com

/s/ Samuel V. Houston, III

SAMUEL V. HOUSTON, III