SANCHEZ v. ZRS SAROSH MANAGEMENT LLC

No. 04-16-00771-CV.

Roderick SANCHEZ, Development Director of the City of San Antonio in His Official Capacity, Appellants, v. ZRS SAROSH MANAGEMENT LLC d/b/a A-Z Food Mart, Appellees.

Court of Appeals of Texas, Fourth District, San Antonio.


Attorney(s) appearing for the Case

Deborah Lynne Klein , Jacqueline M. Stroh , for Roderick Sanchez, Appellant.

Stephan Rogers , for ZRS Sarosh Management LLC d/b/a A-Z Food Mart, Appellee.


ORDER

MARIALYN BARNARD, Justice.

This is an accelerated appeal involving a temporary injunction. After we granted two prior motions for extension of time, appellant's brief was due February 6, 2017. In our order granting the second motion for extension of time, we advised that no further extensions would be granted absent written proof of extraordinary circumstances. Appellant has now filed a third, unopposed motion for extension of time. In support of the motion, appellant advises there is a pending trial date as well as a hearing set in the trial court on appellant's motion to dissolve the temporary injunction. Appellant advises that if the trial court grants the motion, the appeal pending in this court will be moot. Accordingly, appellant asks that we either abate the appeal pending the trial court's resolution of the motion to dissolve, or grant appellant an extension of twenty days from the date of the hearing, which is set for February 16, 2017. After review, we DENY appellant's request for an abatement, but GRANT appellant's request for an extension of time to file the brief. We ORDER appellant to file its brief in this court on or before March 8, 2017. We again advise appellant that no further extension of time to file the brief will be granted absent written proof of extraordinary circumstances.

We order the clerk of this court to serve a copy of this order on the trial court and all counsel.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 10th day of February, 2017.


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