Oscar Melendez and Connie Melendez v. Citimortgage, Inc. Ernestine Williams And Wendy Alexander ( 2015 )


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  •                                                                                                  ACCEPTED
    03-14-00029-CV
    6244541
    THIRD COURT OF APPEALS
    AUSTIN, TEXAS
    7/27/2015 10:49:19 PM
    JEFFREY D. KYLE
    CLERK
    No. 03-14-00029-CV
    FILED IN
    3rd COURT OF APPEALS
    Oscar Melendez and                          §                 In   the Court   of Appeals
    AUSTIN,  TEXAS
    Connie Melendez,                            §                        7/27/2015 10:49:19 PM
    Appellants,                            §                            JEFFREY D. KYLE
    Clerk
    §
    v.                                          §
    §
    Citimortgage, Inc.,                         §
    Ernestine Williams                          §
    and                                    §
    Wendy Alexander                             §
    Appellees                              §                  Third District of Texas
    Appellant’s Unopposed Motion to
    Extend Time to File Motion for Rehearing
    To the Honorable Court:
    Appellant, Oscar Melendez, requests that the Court extend time for filing of his
    Motion for Rehearing as to the opinion herein of June 25, 2015 (“Opinion”) under Rules
    of Appellate Procedure 10.5(b), 49.1, 49.8 and all other applicable Rules, and in support
    of this motion shows:
    1.      Regular Time for Motion for Rehearing. A Motion for Rehearing would
    have been regularly due by July 10, 2015. This Motion for Extension of Time is timely,
    since the thirtieth day after June 25, 2015 was last Saturday, and today, Monday, July
    27, 2015 is the first day the clerk’s office is open thereafter.
    APPELLANT’S MOTION TO EXTEND
    TIME TO FILE MOTION FOR REHEARING
    2.      Necessary Extension of Time. Appellant asks that the Court grant him
    an extension for filing of Appellant’s Motion for Rehearing from July 10, 2015 until
    today, July 27, 2015, the last day by rule for seeking reconsideration, in order that it
    may be deemed timely made. Much of counsel’s available time in the weeks following
    June 25, 2015 was occupied with preparation of filings to seek to prevent foreclosures
    for the July 6, 2015 sale date, replies to extensive discovery and various other deadline
    filings. From approximately five to six weeks before the issuance of the opinion through
    near the date of issuance, Appellant’s counsel was without his computer on five different
    occasions for multiple days, due to numerous software problems that rendered the computer
    almost completely non-functional; repairs required multiple attempts by two different
    sets of experts to resolve, and created numerous delays in research, consultation of
    colleagues and other aspects of document preparation. Appellant’s counsel was also
    involved with family arrangements during the last illness and funeral of Betty Hay Wright
    (widow of the recently deceased Speaker Jim Wright), who was critically ill at the time
    the Motion for Rehearing was originally due, who subsequently died on July 15, 2015
    and whose funeral and family gathering took place July 19, 2015. Appellant has sought
    no previous extension of time regarding the filing of a Motion for Rehearing.
    3.      Prayer. For these reasons, your Appellant requests that the Court:
    (A)     grant an extension of the time to file Appellant’s Motion for
    APPELLANT’S MOTION TO EXTEND
    TIME TO FILE MOTION FOR REHEARING           2
    Rehearing until July 27, 2015; and
    (B)     grant Appellant such other and further relief to which he may be
    entitled or is in the interest of justice.
    Respectfully submitted,
    /s/ Michael Brinkley
    _____________________________________
    Michael Brinkley
    State Bar No. 03004300
    BRINKLEY LAW PLLC
    P. O. Box 820711
    Fort Worth, Texas 76182-0711
    (817) 284-3535; fax (888) 511-0946
    michael@brinkleypllc.com
    Attorney for Appellant
    Certificate Regarding Conference
    The undersigned appellant’s counsel conferred by telephone today, July 27, 2015,
    with counsel for appellee, James G. Ruiz, and was advised that Appellee is unopposed
    to the relief requested.
    /s/ Michael Brinkley
    __________________________________
    Michael Brinkley
    Attorney for Appellant
    APPELLANT’S MOTION TO EXTEND
    TIME TO FILE MOTION FOR REHEARING               3
    Certificate of Service. I certify that a true and correct copy of the foregoing has been
    served on the following counsel and/or pro se parties of record, in accordance with Texas
    Rule of Appellate Procedure 9.5, on the date shown:
    James G. Ruiz
    WINSTEAD PC
    401 Congress Avenue, Suite 2100
    Austin, Texas 78701
    fax (512) 370-2850
    Attorney for Appellee
    Dated: July 27, 2015.
    /s/ Michael Brinkley
    _____________________________________
    Michael Brinkley
    APPELLANT’S MOTION TO EXTEND
    TIME TO FILE MOTION FOR REHEARING          4
    

Document Info

Docket Number: 03-14-00029-CV

Filed Date: 7/27/2015

Precedential Status: Precedential

Modified Date: 9/30/2016