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RCI Entertainment (San Antonio), Inc, D/B/A XTC Cabaret. ("XTC") v. the City of San Antonio, Mayor Ron Nirenberg, and Michael E. Shannon, in Their Official Capacities

Citation: Not availableDocket: 04-21-00043-CV

Court: Court of Appeals of Texas; August 26, 2021; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The appellant, RCI Entertainment (San Antonio, Inc., operating as XTC Cabaret), is appealing a decision from the 408th Judicial District Court of Bexar County, Texas, presided over by Judge Norma Gonzales. The appeal is directed against the City of San Antonio, its Mayor, and another official in their respective official capacities. A significant procedural issue in this appeal involves the filing deadlines for the appellees' brief. Initially due on July 26, 2021, the appellees received an extension to August 25, 2021, and subsequently requested an additional thirty-day extension, which was granted, setting a new deadline of September 24, 2021. The court has made it clear that no further extensions will be considered unless a motion is filed before the deadline, demonstrating extraordinary circumstances beyond a heavy workload, which the court explicitly stated does not qualify. Justice Luz Elena D. Chapa issued the order with the court's seal, and Clerk Michael A. Cruz attested to the order on August 26, 2021. The procedural decisions reflect the court's commitment to maintaining a structured timeline while considering reasonable requests for extension under strict conditions, thereby balancing judicial efficiency with fairness to the parties involved.

Legal Issues Addressed

Appeal Process and Deadlines

Application: The court granted an extension for filing the appellees' brief, setting a firm deadline and outlining conditions for any further extensions.

Reasoning: The appellees have requested an additional thirty-day extension, which has been approved, making the new deadline for the brief September 24, 2021.

Criteria for Granting Extensions

Application: The court specified the requirements for any further extensions, emphasizing that heavy workload is insufficient as an extraordinary circumstance.

Reasoning: The court has specified that no further extensions will be granted unless a motion is filed prior to the deadline, demonstrating extraordinary circumstances, detailing efforts made in preparing the brief, and providing assurance that the brief will be completed by the extended deadline.