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NO. 04-15-00097-CV

IN THE COURT OF APPEALS 

FOR THE FOURTH JUDICIAL DISTRICT OF TEXAS 

AT SAN ANTONIO 

BRIAN McENERY, 

Appellant, 

v.

CITY OF SAN ANTONIO AND CHIEF CHARLES N. HOOD, 

Appellees. 

ON APPEAL FROM THE 285th JUDICIAL DISTRICT COURT 

BEXAR COUNTY, TEXAS

TRIAL COURT NO. 2011-CI-06603 

THE HONORABLE JUDGE CATHLEEN STRYKER PRESIDING 

UNOPPOSED MOTION TO EXTEND TIME TO FILE 

APPELLANT’S REPLY BRIEF 

TO THE HONORABLE JUSTICES OF THE COURT: 

 Under Texas Rules of Appellate Procedure 10.5(b)(1) and 38.6(d), Appellant 

Brian McEnery, referred to as Appellant, respectfully moves the Court to extend the 

time for filing Appellant’s Reply Brief. As good cause, Appellant respectfully shows 

the Court the following:

1. Appellees filed the Brief of Appellees on October 30, 2015. 

ACCEPTED

04-15-00097-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

11/12/2015 2:14:23 PM

KEITH HOTTLE

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 11/12/2015 2:14:23 PM KEITH E. HOTTLE Clerk
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2. Under Texas Rule of Appellate Procedure 38.6(c), Appellant’s Reply Brief 

is currently due on November 19, 2015. 

3. Appellant requests that the Court extend the time to file Appellant’s Reply 

Brief twenty (20) days. A twenty (20) day extension would make Appellant’s Reply 

Brief due on December 9, 2015. 

4. In support of the requested extension, Appellant would show that counsel for 

Appellant, Ronald B. Prince and Floyd Steven Contreras, have commitments during 

the initial briefing period that require their time and attention and interfere with 

preparation of Appellant’s Reply Brief by the current deadline. 

These commitments include the following:

Extensive research and preparation for hearing concerning a request for 

abatement in Cause No. 2014-CI-03985, Irene Baldridge and Kathy Hill v. Art 

Reyna, pending in the 285th Judicial District Court in Bexar County, Texas, with the 

hearing set for November 13, 2015, before the 57th Civil District Court, the 

Honorable Judge Antonia Arteaga presiding; and

Extensive preparation for trial as new trial counsel in Cause No. 2014-CI03115, In the Matter of the Marriage of Eric. C. Mena and Marissa Ortiz Mena and 

In the Interest of Miguel Carlos Mena, Ileana Isabel Mena, and Alejandro Andres 

Mena, Children, pending in the 285th Judicial District Court in Bexar County, Texas, 

with the trial set to continue on November 17, 2015, and November 18, 2015, and 
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expected to continue beyond those days, before the 131st Civil District Court, the 

Honorable Judge John Gabriel presiding.

5. This is Appellant’s first request for an extension of time to file Appellant’s 

Reply Brief. Appellant seeks this extension not solely for delay, but so that justice 

may be done.

6. As reflected in the Certificate of Conference below, counsel for Appellees 

indicated that she is unopposed to this motion, and counsel for Intervenor indicated 

that he is unopposed to this motion. 

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellant Brian McEnery 

respectfully requests that the Court grant a twenty (20) day extension of time to file 

Appellant’s Reply Brief, extending the time to file Appellant’s Reply Brief until

December 9, 2015. 

Appellant further prays for such other relief to which he may be entitled. 
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Respectfully submitted,

PRINCE CONTRERAS PLLC

417 San Pedro Avenue

San Antonio, Texas 78212

Tel: (210) 227-7821

Fax: (210) 225-4469

info@princecontreras.com 

ATTORNEYS FOR BRIAN McENERY

_/s/ Floyd Steven Contreras_____________

RONALD B. PRINCE

State Bar No. 16329300

ron@princecontreras.com

FLOYD STEVEN CONTRERAS

State Bar No. 24075339

floyd@princecontreras.com

CERTIFICATE OF CONFERENCE

I certify that I conferred with Jacqueline M. Stroh, counsel for Appellees, via 

telephone on November 12, 2015, regarding Appellant’s Motion to Extend Time to 

File Appellant’s Reply Brief. Ms. Stroh indicated that she is not opposed to our 

request to extend time. 

I also certify that I conferred with Ricky J. Poole, counsel for Intervenor, via 

email on November 11, 2015, regarding Appellant’s Motion to Extend Time to File

Appellant’s Reply Brief. Mr. Poole indicated that he is not opposed to our request to 

extend time. 

_/s/ Floyd Steven Contreras_____________

RONALD B. PRINCE

FLOYD STEVEN CONTRERAS 
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CERTIFICATE OF SERVICE

I certify that on the 12

th day of November, 2015, a true and correct copy of 

the foregoing Appellant’s Motion to Extend Time to File Appellant’s Reply Brief

was served on the following counsel of record electronically through the electronic 

filing manager:

Ms. Jacqueline M. Stroh

THE LAW OFFICE OF JACQUELINE M. STROH, P.C.

10101 Reunion Place, Suite 600

San Antonio, Texas 78216

Tel: (210) 477-7416

Fax: (210) 477-7466

jackie@strohappellate.com Attorney for Appellees

Ms. Deborah Lynne Klein

OFFICE OF THE CITY ATTORNEY, LITIGATION DIVISION

111 Soledad, 10th Floor

San Antonio, Texas 78205

Tel: (210) 207-8919

Fax: (210) 207-4357

deborah.klein@sanantonio.gov Attorney for Appellees

Mr. Mark Kosanovich

FITPATRICK & KOSANOVICH, P.C.

P.O. Box 831121

San Antonio, Texas 78283-1121

Tel: (210) 207-7259

Fax: (210) 207-8997

mark.kosanovich@sanantonio.gov Attorney for Appellees

Mr. Ricky J. Poole

LAW OFFICES OF RICKY J. POOLE

The Forum Building

8000 IH-10 West, Suite 600

San Antonio, Texas 78230

Tel: (210) 525-7988

Fax: (210) 525-7987

rpoole@alamocityattorney.com Attorney for Intervenor

_/s/ Floyd Steven Contreras_____________

RONALD B. PRINCE

FLOYD STEVEN CONTRERAS