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Six Brothers Concrete Pumping, LLC and Joseph Lowry v. Martin Tomczak

Citation: Not availableDocket: 01-21-00161-CV

Court: Court of Appeals of Texas; September 3, 2021; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Court of Appeals for the First District of Texas at Houston issued an order regarding a motion for extension of time filed by appellants Six Brothers Concrete Pumping, LLC and Joseph Lowry on September 2, 2021. The motion sought a 7-day extension for filing their supplemental brief related to the order denying a TCPA (Texas Citizens Participation Act) motion to dismiss. The Court granted the motion, establishing a new due date for the supplemental brief as September 9, 2021. The Court specified that no further extensions would be granted absent extraordinary circumstances. Additionally, it set deadlines for related briefs: the response brief from appellee Martin Tomczak is due September 30, 2021, and the reply brief from the appellants is due October 14, 2021. The order was signed by Judge Peter Kelly on September 3, 2021.

Legal Issues Addressed

Conditions on Granting Extensions

Application: The Court made it clear that no further extensions would be granted unless extraordinary circumstances were demonstrated.

Reasoning: The Court specified that no further extensions would be granted absent extraordinary circumstances.

Motion for Extension of Time

Application: The Court of Appeals granted a 7-day extension for the appellants to file their supplemental brief in relation to a TCPA motion to dismiss.

Reasoning: The Court of Appeals for the First District of Texas at Houston issued an order regarding a motion for extension of time filed by appellants Six Brothers Concrete Pumping, LLC and Joseph Lowry on September 2, 2021.

Setting of Briefing Schedule

Application: Deadlines were established for the filing of related briefs, including response and reply briefs by set dates.

Reasoning: Additionally, it set deadlines for related briefs: the response brief from appellee Martin Tomczak is due September 30, 2021, and the reply brief from the appellants is due October 14, 2021.