Twin Creeks Golf Group, L.P. v. Sunset Ridge Owners Association, Inc. ( 2015 )

ACCEPTED 03-15-00763-CV 8389079 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/29/2015 11:21:23 AM JEFFREY D. KYLE CLERK NO. 03-15-00763-CV TWIN CREEKS GOLF GROUP, L.P. § IN THE THIRDFILED DISTRICT IN 3rd COURT OF APPEALS Appellant § AUSTIN, TEXAS § 12/29/2015 11:21:23 AM v. § COURT OF APPEALS JEFFREY D. KYLE § Clerk SUNSET RIDGE OWNERS § ASSOCIATION, INC. § Appellee, § AUSTIN, TEXAS APPELLANT’S, TWIN CREEKS GOLF GROUP, UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF TO THE HONORABLE JUDGE OF SAID COURT: Appellant, Twin Creeks Golf Group, L.P., asks the Court to extend the time to file its brief. INTRODUCTION 1. Appellant is Twin Creeks Golf Group, L.P., (“TCGG”). Appellee is the Sunset Ridge Owners Association, Inc. 2. There is no specific deadline to file this motion to extend time. See TEX. R. APP. P. 38.6(d). 3. Appellee does not agree to this motion but does not oppose it. ARGUMENT AND AUTHORITIES 4. The Court has authority under Texas Rule of Appellate Procedure 38.6(d) to extend the time to file a brief. 5. Appellant’s brief is due January 7, 2016. Appellant’s Unopposed Motion to Extend Time to File Brief 1 6. Appellant has filed a motion to dismiss this appeal for lack of jurisdiction based on the premise that the order subject of the appeal is not a final appealable order. Appellant asks that the deadline to file its brief be extended to the later of 30 days after the Court Rules on Appellant’s, Twin Creeks Golf Group, L.P., Mo- tion to Dismiss for Lack of Jurisdiction or to February 8, 2016. 7. Appellant makes this request on two distinct bases. First, Appellant’s counsel needs additional time to prepare Appellant’s brief. Notice of appeal was filed on December 4, 2015. The Clerk’s Record was filed very promptly, on De- cember 8, 2015. In addition to the typical holiday time constraints and end of year issues, counsel for Appellant has a family wedding in Alabama on New Year’s Eve. Because of the intervening holidays and the end of the year issues, counsel for Appellant seeks additional time to prepare Appellant’s brief. 8. The second basis on which Appellant seeks additional time to file its brief is because such brief may not be necessary. A noted above, Appellant has filed a motion to dismiss for lack of jurisdiction. If the Court determines that the order subject of the appeal is not a final, appealable order, Appellant has asked that this appeal be dismissed and the case be remanded to the trial court. In that event, a brief will not be necessary. If Appellant is put to the burden of meeting the cur- rent January 7, 2016 deadline, it will result in unnecessary expense and loss of time as a result of working to prepare a brief in a timely fashion. Appellant’s Unopposed Motion to Extend Time to File Brief 2 9. No previous extension has been granted to extend the time to file Appel- lant’s brief. PRAYER 10.For these reasons, TCGG asks the Court to grant this motion, dismiss this appeal for lack of jurisdiction, and remand this case to the trial court, and grant TCGG all other relief to which it may be entitled. Respectfully submitted, SNEED, VINE & PERRY, P.C. 900 Congress Avenue Suite 300 Austin, Texas 78701 512-476-6955 (Telephone) 512-476-1825 (Facsimile) By: /s/ Allen Halbrook Allen Halbrook State Bar No. 08721300 ahalbrook@sneedvine.com ATTORNEYS FOR APPELLANT, TWIN CREEKS GOLF GROUP. L.P. CERTIFICATE OF CONFERENCE I certify that I have conferred with Noel L. Stout by telephone on December 22, 2015, about the merits of Appellant’s, Twin Creeks Golf Group, L.P., Motion to Dismiss for Lack of Jurisdiction. Appellee, Sunset Ridge Owners Association, Inc., is opposed to the motion. /s/ Allen Halbrook Allen Halbrook Appellant’s Unopposed Motion to Extend Time to File Brief 3 CERTIFICATE OF SERVICE I certify that a true and correct copy of the above and foregoing document has been served by e-mail and by certified mail, return receipt requested, as set out below on this 29th day of December, 2015. Noel L. Stout Almanza, Blackburn & Dickie, LLP 2301 S. Capital of Texas Highway, Building H Austin, Texas 78746 nstout@abdlawfirm.com. /s/ Allen Halbrook Allen Halbrook Appellant’s Unopposed Motion to Extend Time to File Brief 4