NO. 03-14-00080-CV

______________________________________ 

IN THE COURT OF APPEALS 

THIRD JUDICIAL DISTRICT 

AUSTIN, TEXAS 

______________________________________ 

GATTIS ELECTRIC, INC. 

 Appellant, 

v.

THERESA MARIE MANN, INDIVIDUALLY, AND AS GUARDIAN OF THE 

PERSON AND ESTATE OF JAMES LAWHON, 

 Appellee. 

______________________________________ 

On Appeal from the 126th Judicial District Court 

of Travis County, Texas 

Trial Court No. D-1-GN-12-001971 

______________________________________ 

SUPPLEMENT TO 

APPELLANT’S UNOPPOSED SECOND MOTION TO EXTEND TIME 

TO FILE MOTION FOR REHEARING OR 

EN BANC RECONSIDERATION 

______________________________________ 

TO THE HONORABLE THIRD COURT OF APPEALS: 

Appellant, Gattis Electric, Inc., (“Gattis”) pursuant to Texas Rules of 

Appellate Procedure 49.8 and 10.5(b), files this supplement to its Unopposed 

Second Motion to Extend Time to File Motion for Rehearing or En Banc 

Reconsideration: 

ACCEPTED

03-14-00080-CV

7339069

THIRD COURT OF APPEALS

AUSTIN, TEXAS

10/12/2015 4:54:20 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 10/12/2015 4:54:20 PM JEFFREY D. KYLE Clerk
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1. On August 26, 2015, this Court issued an opinion and judgment 

affirming the trial court judgment. 

2. Any motion for rehearing or motion for en banc reconsideration was

due September 10, 2015. TEX. R. APP. P. 49.1.

3. Appellant filed a first motion for extension of time to file a motion for 

rehearing or motion for en banc reconsideration, requesting an additional fifteen

(15) days, up to and including Friday, September 25, 2015, in which to file a 

motion for rehearing or motion for en banc reconsideration. The Court granted 

that motion on September 10, 2015.

4. Appellant filed a second motion for extension of time on September 

29, 2015, together with its motion for rehearing or motion for en banc 

reconsideration. In Appellant’s second motion for extension of time, it requested

an extension up to and including Friday, October 2, 2015, in which to file a motion 

for rehearing or motion for en banc reconsideration. 

5. The second motion for extension of time was timely. TEX. R. APP. P. 

49.8. Also, Appellant’s Motion for Rehearing and Motion for En Banc 

Reconsideration, tendered for filing on September 29, 2015, was tendered within 

the time requested in the second motion to extend time. The Court has not yet 

ruled on the second motion to extend time. 
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6. As supplemental grounds for the second extension, counsel for 

Appellant states the following. Appellant’s counsel was unable to complete a 

motion for rehearing within the period allotted by the rules due to his involvement 

in the following matters, which required immediate attention and prevented 

completion of the Motion for Rehearing and Motion for En Banc Reconsideration 

by September 25, 2015:

(a) Extensive preparation for a hearing to appoint receiver in No. 

2014-30215; In the Matter of the Marriage of Evangelina Lopez 

Guzman and Miguel Zaragoza Fuentes; in the 245th Judicial 

District Court of Harris County, Texas; which hearing was 

scheduled for August 24, 2015, and was a date assigned by the 

court before Appellees’ Brief was filed. Many witnesses flew 

into Houston from other countries the week before August 24, 

2015 to prepare for the hearing, and the undersigned counsel 

spent at least three days in preparation for the hearing.

(b) Research and preparation of Appellant’s Reply Brief in No. 15-

50128; Harbor America Central, Inc. v. United States; in the 

United States Court of Appeals for the Fifth Circuit; due and 

filed August 27, 2015. 

(c) Research and preparation of an emergency motion to set aside a 

default judgment in No. 82302-CV; Ramsey v. Ironman 

Express, LLC, et al.; in the 412th Judicial District Court of 

Brazoria County, Texas; due August 27, 2015. A motion to set 

aside a default judgment requires immediate attention, and in 

this case, also requires preparation of a motion to extend 

appellate deadlines under Texas Rule of Civil Procedure 306a. 

The motion must be supported by affidavits of witnesses, and 

the preparation of these motions have consumed substantial 

time of Appellants’ counsel. There is a hearing set for 

September 11, 2015 on this motion, for which counsel has also 

been preparing.
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(d) Research and preparation of Appellee’s brief in No. 14-15-

00354-CV; Petrofac v. Immi Turbines, Inc.; in the Fourteenth 

Court of Appeals; which was originally due July 27, 2015. This 

is an accelerated appeal of a special appearance ruling. Counsel 

has filed two motions to extend time to file the Appellee’s brief, 

which is currently due September 14, 2015.

(e) Research and preparation of a petition for writ of certiorari in 

No. 14-0715; In re: Miguel Zaragoza Fuentes; an original 

proceeding following the denial of a special appearance in 

family court. The petition for writ of certiorari is due 

September 17, 2015.

(f) Research and preparation of a petition for writ of mandamus in 

C.A. No. 4:12-cv-1206; Aetna Life Ins. Co. v. Humble Surgical 

Hospital, LLC; in the United States District Court for the 

Southern District of Texas, Houston Division. The mandamus 

petition is currently in preparation and has not yet been filed.

(g) Research and preparation of Appellant’s Reply Brief in No. 13-

14-00456-CV; Bos v. Smith; in the Thirteenth Court of Appeals, 

Corpus Christi, Texas; filed on September 18, 2015. This was a 

lengthy reply brief, consisting of over 12,000 words, for which 

the court of appeals granted leave to exceed. 

(h) Attendance at a previously unexpected client meeting in El 

Paso, Texas, on September 21-22, 2015; in No. 2014-30215; In 

the Matter of the Marriage of Evangelina Lopez Guzman and 

Miguel Zaragoza Fuentes; pending in the 245th Judicial 

District Court of Harris County, Texas. This meeting required 

travel into Mexico and took counsel’s efforts away from the 

motion for rehearing in the present case for an additional, and 

unforeseen, two days. 

7. Appellant seeks this extension not for delay, but to allow counsel 

sufficient time to prepare a concise reply brief to assist with the Court’s decision 

making. 
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PRAYER

For the above reasons, Appellant, Gattis Electric, Inc., respectfully requests 

this Court to grant an extension of time to file a motion for rehearing or motion for 

en banc reconsideration and accept as filed its Motion for Rehearing and Motion 

for En Banc Reconsideration tendered for filing on September 29, 2015. Appellant 

further requests general relief.

Respectfully submitted,

CHAMBERLAIN, HRDLICKA, WHITE,

WILLIAMS & AUGHTRY

By: /s/ Kevin Jewell

Kevin D. Jewell

State Bar No. 00787769

1200 Smith Street, Suite 1400

Houston, Texas 77002

Telephone: (713) 658-1818

Telecopier: (713) 658-2553

ATTORNEYS FOR APPELLANT,

GATTIS ELECTRIC, INC.
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CERTIFICATE OF CONFERENCE

The undersigned counsel for Appellant conferred with counsel for Appellee 

by email on October 12, 2015, regarding the filing of this supplement. As of this 

filing, it is unknown whether Appellee is unopposed to the relief sought in this 

motion.

/s/ Kevin Jewell

Kevin D. Jewell

CERTIFICATE OF SERVICE

I hereby certify that the foregoing Motion to Extend Time to File Reply Brief 

has been forwarded to all parties and/or attorneys of record by the means indicated 

below, on this 12th day of October, 2015:

Via facsimile and/or electronic service

D. Todd Smith

Smith Law Group, P.C.

1250 Capital of Texas Highway South

Three Cielo Center, Suite 601

Austin, Texas 78746

Via facsimile and/or electronic service

Henry Moore

Jayme Bomben

316 W. 12th St., Suite 318

Austin, Texas 78701

Via facsimile and/or electronic service

Sally S. Metcalfe

Metcalfe Law, P.L.L.C.

901 South Mopac Expressway

Plaza One, Suite 300

Austin, Texas 78746

/s/ Kevin Jewell

Kevin D. Jewell