Daniel Mandarino, Carrie Mandarino, Laura Doyle, Robert Church, Brett Beals and Linda Beals as Trustees of the Beals Family Revocable Trust, Robert A. Schalbe, William H. Gay, Jr., Riccardio D. Gay, Eric Johnstone, Rafal Zielinski and Vally Mestroni v. Sherwood Lane Investments, LLC ( 2015 )

ACCEPTED
01-15-00192-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
7/6/2015 11:38:45 AM
CHRISTOPHER PRINE
CLERK
Case No. 01-15-00192-CV
DANIEL MANDARINO, CARRIE MANDARINO § IN THE FIRST FILED IN
LAURA DOYLE, ROBERT CHURCH, § 1st COURT OF APPEALS
HOUSTON, TEXAS
BRETT BEALS and LINDA BEALS as Trustees § 7/6/2015 11:38:45 AM
of the Beals Family Revocable Trust, § CHRISTOPHER A. PRINE
ROBERT CHURCH, ROBERT A. SCHALBE, § Clerk
WILLIAM H. GAY, JR. RICCARDIO D. GAY, , §
ERIC JOHNSTONE, RAFAL ZIELINSKI §
and VALLY MESTRONI §
Appellants §
§
v. § COURT OF APPEALS
§
SHERWOOD LANE INVESTMENTS, LLC §
Appellee § HOUSTON, TEXAS
APPELLANTS’ AGREED
SECOND MOTION TO EXTEND TIME TO FILE APPELLANTS’ BRIEF
TO THE HONORABLE COURT OF APPEALS:
Appellants, DANIEL MANDARINO, CARRIE MANDARINO, LAURA DOYLE, ROBERT
CHURCH, BRETT BEALS and LINDA BEALS as Trustees of the Beals Family Revocable Trust,
ROBERT CHURCH, ROBERT A. SCHALBE, WILLIAM H. GAY, JR., RICCARDIO D. GAY, ERIC
JOHNSTONE, RAFAL ZIELINSKI and VALLY MESTRONI files this their Agreed Second Motion
to Extend Time to File Appellants’ Brief, and would show as follows:
A. Introduction
1. Appellants are DANIEL MANDARINO, CARRIE MANDARINO, LAURA DOYLE,
ROBERT CHURCH, BRETT BEALS and LINDA BEALS as Trustees of the Beals Family Revocable
Trust, ROBERT CHURCH, ROBERT A. SCHALBE, WILLIAM H. GAY, JR., RICCARDIO D. GAY, ERIC
JOHNSTONE, RAFAL ZIELINSKI and VALLY MESTRONI; Appellee is SHERWOOD LANE
INVESTMENTS, LLC.
2. No rule provides a deadline to file this motion to extend (Tex.R.App.P. 38.6(d).
3. Appellee has been advised of this motion and agrees to the extension of time.
B. Argument & Authorities
4. The Court has the authority under Texas Rule of Appellate Procedure 38.6(d)
to extend time to file the brief.
5. Appellants’ brief is due on July 6, 2015.
6. In preparing Appellants’ briefs, Appellants determined that the clerk’s record
did not include the following documents: 1) Defendants’ [Appellants’] (Mandarino et. al.)
Response to Motion for Summary Judgment, filed September 19, 2014, and 2) Exhibit U to
that document. This pleading and Exhibit U are necessary for this Court to rule on the
issues raised by this appeal.
7. One prior extension has been granted to extend time to file Appellants’
briefs.
8. On June 2, 2015, Appellants requested that the clerk supplement the record
with the additional documents, but the clerk has not yet done so.
9. Appellants request an additional 30 days to file their brief, extending the time
until August 7, 2015.
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C. Prayer
10. For these reasons, Appellants DANIEL MANDARINO, CARRIE MANDARINO,
LAURA DOYLE, ROBERT CHURCH, BRETT BEALS and LINDA BEALS as Trustees of the Beals
Family Revocable Trust, ROBERT CHURCH, ROBERT A. SCHALBE, WILLIAM H. GAY, JR.,
RICCARDIO D. GAY, ERIC JOHNSTONE, RAFAL ZIELINSKI and VALLY MESTRONI , ask the Court
to grant an extension of time to file their brief until August 7, 2015.
Respectfully Submitted,
WALTER LAW FIRM, P.C.
/s/ Teri A. Walter
TERI A. WALTER
Texas Bar No. 20815100
GLEN NORDT
Texas Bar No. 15076600
1111 North Loop West, Suite 1115
Houston, TX 77008
Phone 713 529-2020
Fax 713 529-2266
Email: twalter@prevaillawyers.com
Email: gnordt@prevaillawyers.com
ATTORNEY FOR APPELLANTS
DANIEL MANDARINO, CARRIE MANDARINO, LAURA
DOYLE, ROBERT CHURCH, BRETT BEALS and LINDA
BEALS as Trustees fo the Beals Family Revocable
Trust, ROBERT CHURCH, ROBERT A. SCHALBE,
WILLIAM H. GAY, JR., RICCARDIO D. GAY, ERIC
JOHNSTONE, RAFAL ZIELINSKI and VALLY
MESTRONI
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CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been mailed to all parties of record
in this matter in accordance with the Texas Rules of Civil Procedure, by certified mail, return
receipt requested, by hand delivery or by fax, on this the 6th day of July , 2015.
/s/ Teri A. Walter
Teri A. Walter or Glen Nordt
Douglas A. Daniels
Andrea L. Gentle
Daniels & Gentle, LLP
6363 Woodway Suite 980
Houston, TX 77057