Narrative Opinion Summary
In this case, the appellant seeks a two-day extension to file a motion for rehearing following the Third Court of Appeals' affirmation of summary judgments in favor of the appellees, which include Steve Madden, Ltd., SXSW, Inc., and W3 Event Specialists, Inc. The appellant's counsel miscalendared the due date for filing the motion as August 21, instead of the correct date, August 19, 2015. Acknowledging this error, the appellant filed a motion to correct the filing deadline and render the motion for rehearing timely. The request for an extension is opposed by the lead appellate counsel for one of the appellees, W3 Event Specialists. The motion was filed by D. Todd Smith of Smith Law Group LLLP, and includes a certificate of service confirming notification to all relevant parties. The appellant respectfully requests the court to grant the extension, thereby allowing the motion for rehearing to be considered timely filed as of August 21, 2015, and any other relief deemed appropriate.
Legal Issues Addressed
Filing and Service Requirementssubscribe to see similar legal issues
Application: The motion included a certificate of service to confirm that all relevant parties were notified of the request for an extension.
Reasoning: The motion is filed by D. Todd Smith of Smith Law Group LLLP, and it includes a certificate of service confirming that relevant parties were notified.
Opposition to Extension of Timesubscribe to see similar legal issues
Application: The lead appellate counsel for the appellee opposed the appellant's request for an extension to file a motion for rehearing.
Reasoning: He acknowledges that the lead appellate counsel for W3 Event Specialists, John Dailey, opposed any extension of time.
Request for Extension of Time to File Motion for Rehearingsubscribe to see similar legal issues
Application: The appellant requested a two-day extension to file a motion for rehearing due to a miscalendaring error by his counsel.
Reasoning: Richard Patrick Fagerberg requests a two-day extension to file a motion for rehearing regarding a previous judgment by the Third Court of Appeals, which affirmed the trial court’s summary judgments in favor of the appellees.