Eue J. Jeong v. Texas Greenovation, LLC ( 2015 )


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  •                                                                               ACCEPTED
    03-14-00820-CV
    5443912
    THIRD COURT OF APPEALS
    AUSTIN, TEXAS
    5/28/2015 1:08:39 AM
    JEFFREY D. KYLE
    CLERK
    No. 03-14-00820-CV
    __________________________________________________________________
    FILED IN
    3rd COURT OF APPEALS
    IN THE THIRD COURT OF APPEALS OF TEXAS      AUSTIN, TEXAS
    5/28/2015 1:08:39 AM
    __________________________________________________________________
    JEFFREY D. KYLE
    Clerk
    EUE J. JEONG,
    Appellant,
    v.
    TEXAS GREENOVATION, LLC,
    Appellee.
    __________________________________________________________________
    ON APPEAL FROM THE COUNTY COURT AT LAW, TRAVIS COUNTY, TEXAS
    TRIAL COURT CAUSE NO. C-1-CV-14-008244
    __________________________________________________________________
    APPELLEE’S RESPONSE TO MOTION TO EXTEND TIME FOR FILING
    APPELLANT’S BRIEF
    __________________________________________________________________
    Dr. J. Hyde
    Texas Bar No. 24027083
    THE J. HYDE LAW OFFICE, PLLC
    111 E. 17th Street #12015
    Austin, TX 78711
    Telephone: (512) 200-4080
    Fax: (512) 582-8295
    E-mail: jhyde@jhydelaw.com
    Counsel for Appellee
    No. 03-14-00820-CV
    __________________________________________________________________
    IN THE THIRD COURT OF APPEALS OF TEXAS
    __________________________________________________________________
    EUE J. JEONG,
    Appellant,
    v.
    TEXAS GREENOVATION, LLC,
    Appellee.
    __________________________________________________________________
    ON APPEAL FROM THE COUNTY COURT AT LAW, TRAVIS COUNTY, TEXAS
    TRIAL COURT CAUSE NO. C-1-CV-14-008244
    __________________________________________________________________
    APPELLEE’S RESPONSE TO MOTION TO EXTEND TIME FOR FILING
    APPELLANT’S BRIEF
    __________________________________________________________________
    TO THE HONORABLE THIRD COURT OF APPEALS:
    Appellee Texas Greenovation, LLC, by and through undersigned counsel,
    respectfully responds in opposition to Appellant Eue J. Jeong’s Motion to Extend
    Time to File Appellant’s Brief, and in support thereof states as follows:
    1.     This straightforward case involves the appeal of a final judgment in a
    forcible detainer action granting Texas Greenovation immediate possession of real
    2
    property following Texas Greenovation’s purchase of the property at a foreclosure
    sale.1
    2.    After Appellant Jeong failed to make arrangements for a reporter’s
    record to be prepared and filed despite a notice from the Court, the Court set a
    deadline of 30 April 2015 for Jeong to file his brief. Ignoring that deadline, Jeong
    waited until the Court sent him a notice of late brief to file the underlying motion
    for extension on 20 May 2015.
    3.    Without explaining the delay to date, Jeong now seeks an additional
    110 days to file his brief, vaguely asserting that he will be traveling due to family
    matters. He notably gives no further details.
    4.    Jeong also contends that the issues in the appeal are “complex” and
    references another pending case involving JPMorgan Chase Bank. To the contrary,
    the issues are simple and well settled. Jeong, the former owner of foreclosed
    property, has brought suit challenging the foreclosure and is attempting to use the
    issues raised in that suit to challenge the underlying eviction. (See CR 68-77). But
    the foreclosure challenges in the title suit are irrelevant to and have no effect on
    Texas Greenovation’s right to possession of the property, which is the only issue in
    1
    There are two separate appeals from the same underlying judgment docketed in this Court: the
    underlying appeal, docketed as Cause No. 03-14-00820-CV, and another appeal docketed as
    Cause No. 03-14-00715-CV. The clerk’s records in the two appeals are also identical. It appears
    that the reason for the two appeals in this Court is that Jeong filed two notices of appeal of the
    same judgment in the trial court, although only one of those notices is in the clerk’s record. (CR
    132).
    3
    this forcible detainer action. E.g., Wilder v. Citicorp Trust Bank, F.S.B., No. 03-
    13-00324-CV, 
    2014 WL 1207979
    (Tex. App.—Austin Mar. 18, 2014, pet. dism’d
    w.o.j.) (mem. op.) (noting that this Court “has consistently held that defects in the
    foreclosure process cannot be used either to negate a landlord-tenant relationship
    provision in a deed of trust or to raise a question of title depriving the justice or
    county courts of jurisdiction to resolve the question of immediate possession”).
    5.     Finally, Jeong’s assertion in his motion for extension that undersigned
    counsel does not oppose the motion is false.         Jeong texted the undersigned
    regarding the relief requested in the motion, and the undersigned texted Jeong that
    he opposed the motion.
    6.     Jeong’s request for any extension of time, but particularly the lengthy
    110-day extension he seeks, is unsupported. To date, Jeong has shown no interest
    in complying with deadlines and should not be rewarded with additional time.
    Jeong’s request is also futile because his appeal is frivolous under well-settled law
    in this area. Finally, Jeong misrepresented the unopposed nature of the motion.
    WHEREFORE, Texas Greenovation respectfully requests that the Court
    DENY Appellant’s Motion to Extend Time for Filing Appellant’s Brief.
    4
    Respectfully Submitted,
    /s/ J. Hyde
    ______________________________
    Dr. J. Hyde
    State Bar No. 24027083
    THE J. HYDE LAW OFFICE, PLLC
    111 E. 17th Street #12015
    Austin, Texas 78711
    Phone: (512) 200-4080
    Fax: (512) 582-8295
    E-mail: jhyde@jhydelaw.com
    Attorney for Appellee
    CERTIFICATE OF SERVICE
    I hereby certify that, pursuant to Texas Rule of Appellate Procedure 9.5, a
    copy of Appellee’s Response to Motion to Extend Time for Filing Appellant’s
    Brief was served on this 28th day of May, 2015, via email, upon the following:
    Eue J. Jeong
    2900 Sunridge Dr. #713
    Austin, TX 78741
    Email: Ejeong1@gmail.com
    /s/ J. Hyde
    ______________________________
    Dr. J. Hyde
    5
    EXHIBIT 1
    Text Messages Between Eue Jeong
    and J. Hyde
    !
    

Document Info

Docket Number: 03-14-00820-CV

Filed Date: 5/28/2015

Precedential Status: Precedential

Modified Date: 9/30/2016