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Peacock Hospitality, Inc. D/B/A Holiday Inn Express-Burnet v. Bipin Patel Mahadev, LLC And FDIC
Citation: Not availableDocket: 04-13-00278-CV
Court: Court of Appeals of Texas; August 6, 2015; Texas; State Appellate Court
Original Court Document: View Document
Peacock Hospitality, Inc., operating as Holiday Inn Express-Burnet, filed an unopposed motion for a 15-day extension to submit its Motion for Rehearing, moving the deadline from August 6, 2015, to August 21, 2015. The request is supported by the absence of lead counsel, John Hubble, who was out of the country from July 22 to July 27, 2015, and is currently on a family vacation from August 1 to August 9, 2015. The motion asserts that the additional time is necessary to adequately address a key issue that the court's July 22, 2015 opinion allegedly misunderstood. The appellees do not oppose the extension, and the motion is not intended for delay but to ensure proper representation of the appellant's position. The motion is backed by an affidavit from Hubble, indicating the circumstances necessitating the extension. On August 6, 2015, John L. Hubble served a true and correct copy of a legal document to the opposing counsel in the case Peacock Hospitality, Inc. v. Bipin Patel and Mahadev, LLC, specifically to Jonathan H. Hull and Rachel A. Leier of Reagan Burrus PLLC, via email and facsimile. This case is being heard in the Fourth District Court of Appeals in San Antonio, Texas, originating from the 57th Judicial District Court of Bexar County, overseen by Judge Janet Littlejohn. Hubble, who has been the attorney of record for the Appellant since the case's inception, submitted an affidavit detailing his personal knowledge of the case. He noted that he was responsible for the appeal against the trial court's summary judgment ruling favoring the Appellees. Hubble stated he was out of the country when the court issued its Memorandum Opinion on July 22, 2015, and did not see it until July 27, 2015. Additionally, he indicated that he would be on a pre-scheduled family vacation from August 1 to August 9, 2015, and is requesting an extension to file a motion for rehearing until August 21, 2015. The affidavit was sworn before a notary public on July 31, 2015.