Garry L. Rollins and Carla D. Rollins v. Texas College and MPF Investments, LLC D/B/A "A-1 Rent All" ( 2015 )

ACCEPTED
12-15-00121-CV
TWELFTH COURT OF APPEALS
TYLER, TEXAS
12/16/2015 5:32:16 PM
Pam Estes
CLERK
No. 12-15-00121-CV
FILED IN
12th COURT OF APPEALS
IN THE COURT OF APPEALS TYLER, TEXAS
FOR THE TWELFTH DISTRICT OF TEXAS
12/16/2015 5:32:16 PM
TYLER, TEXAS PAM ESTES
Clerk
GARRY L. ROLLINS AND CARLA D. ROLLINS,
Appellants
V.
TEXAS COLLEGE AND MPF INVESTMENTS, LLC D/B/A “A-1 RENT
ALL,”
Appellees
Appeal from Cause No. 13-3353-A
In the 7th District Court of Smith County, Texas
The Honorable Kerry L. Russell, Presiding
SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE
BRIEF OF APPELLEE MPF INVESTMENTS, LLC D/B/A “A-1 RENT ALL”
Levon G. Hovnatanian Ryan K. Geddie
Texas Bar No. 10059825 Texas Bar No. 24055541
hovnatanian@mdjwlaw.com geddie@mdjwlaw.com
Todd M. Lonergan MARTIN, DISIERE, JEFFERSON &
Texas Bar No. 12513700 WISDOM, L.L.P.
lonergan@mdjwlaw.com Tollway Plaza One
MARTIN, DISIERE, JEFFERSON & 16000 N. Dallas Parkway, Suite 800
WISDOM, L.L.P. Dallas, Texas 75248
808 Travis, 20th Floor (214) 420-5500 – Telephone
Houston, Texas 77002 (214) 420-5501 – Facsimile
(713) 632-1700 – Telephone
(713) 222-0101 – Facsimile
TO THE HONORABLE COURT OF APPEALS:
Comes now one of the appellees—MPF Investments, LLC d/b/a “A-1 Rent
All” (hereinafter “MPF”)—and files this unopposed motion for extension of time
to file its brief. MPF has requested and received one previous extension of time
(of 30 days) to file its brief.
The current deadline for MPF to file its brief is Wednesday, December 16,
2015. This motion is e-filed on Wednesday, December 16, 2015, and is therefore
timely filed. See TEX. R. APP. P. 38.6(d) (“A motion to extend the time to file a
brief may be filed before or after the date a brief is due.”).
The facts reasonably relied upon to explain the need for an extension of time
are as follows. Levon G. Hovnatanian, MPF’s lead appellate counsel, has been
extremely busy with the following pressing matters:
As managing partner of his law firm, Mr. Hovnatanian has been obligated to
undertake and complete pressing end-of-the-year firm administrative matters. This
year’s issues (as in past years) commenced during mid-to-late-November, and will
continue throughout the month of December, concluding in January 2016.
Additionally:
1. Mr. Hovnatanian assisted in preparing, and, on December 14, 2015,
filing the brief of appellants Kindred Healthcare, Inc. and Triumph Hospital of
East Houston, L.P. D/B/A Kindred Hospital of Clear Lake, in Cause No. 01-15-
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00843-CV; Kindred Healthcare, Inc. and Triumph Hospital of East Houston, L.P.
D/B/A Kindred Hospital of Clear Lake v. Cristobal Morales; in the First Court of
Appeals.
2. Mr. Hovnatanian assisted in preparing, and, on December 7, 2015,
filing the reply brief of appellant State Farm (after one extension), in Cause No.
14-15-00093-CV; State Farm Lloyds, Appellant v. Ginger Hanson, Appellee, in the
Fourteenth Court of Appeals.
3. Mr. Hovnatanian assisted in preparing, and, on December 3, 2015,
filing (after two extensions) the brief of appellee Farmers Texas County Mutual
Insurance Company, in Cause No. 05-15-00678-CV; Brenda Peterson,
Individually and as Next Friend of B.Q.P., a Minor and as Administrator of the
Estate of James Q. Peterson, Deceased, and Gary Peterson, Appellants v. Farmers
Texas County Mutual Insurance Company, Appellee; in the Fifth Court of Appeals.
4. Mr. Hovnatanian assisted in preparing, and, on November 30, 2015,
filing (after two extensions) the petition for review, in Cause No. 15-0805; St. Paul
Fire & Marine Insurance Company and St. Paul Surplus Lines Insurance
Company, Petitioners v. Petroplex, Energy, Inc., Respondent; in the Supreme
Court of Texas.
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Considering the above, appellee MPF Investments, LLC d/b/a “A-1 Rent
All” respectfully requests a 30-day extension of time to Friday, January 16, 2016,
to file its brief.
Respectfully submitted,
MARTIN, DISIERE, JEFFERSON & WISDOM, L.L.P.
By: /s/ Levon G. Hovnatanian
Levon G. Hovnatanian
Texas Bar No. 10059825
hovnatanian@mdjwlaw.com
Todd M. Lonergan
Texas Bar No. 12513700
lonergan@mdjwlaw.com
808 Travis, 20th Floor
Houston, Texas 77002
(713) 632-1700 – Telephone
(713) 222-0101 – Facsimile
Ryan K. Geddie
Texas Bar No. 24055541
geddie@mdjwlaw.com
Tollway Plaza One
16000 N. Dallas Parkway, Suite 800
Dallas, Texas 75248
(214) 420-5500 – Telephone
(214) 420-5501 – Facsimile
ATTORNEYS FOR APPELLEE
MPF INVESTMENTS, LLC D/B/A “A-1
RENT ALL”
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CERTIFICATE OF CONFERENCE
This is to certify that on December 16, 2015, the undersigned conferred with
Ernesto Sigmon, counsel for Garry L. Rollins and Carla D. Rollins, and Nolan
Smith, counsel for Texas College, about this motion, and both Mr. Sigmon and Mr.
Smith advised that they do not oppose it.
/s/ Levon G. Hovnatanian
Levon G. Hovnatanian
Dated: December 16, 2015
CERTIFICATE OF COMPLIANCE
This is to certify that this computer-generated Second Unopposed Motion
for Extension of Time to File Brief of appellee MPF Investments, LLC d/b/a “A-1
Rent All” contains 430 words.
/s/ Levon G. Hovnatanian
Levon G. Hovnatanian
Dated: December 16, 2015
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CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and foregoing
Second Unopposed Motion for Extension of Time to File Brief of Appellee MPF
Investments, LLC d/b/a “A-1 Rent All” has been forwarded to the individuals
listed below, by the methods indicated, on this 16th day of December, 2015.
Ernesto D. Sigmon
WALKER SIGMON
416 West Saulnier Street
Houston, Texas 77019
(via e-filing and e-mail at esigmon@esigmon.com)
(Attorney for appellants Garry L. Rollins and Carla D. Rollins)
Trey Yarbrough
Greg Smith
Nolan Smith
YARBROUGH WILCOX GUNTER, PLLC
100 East Ferguson, Suite 1015
Tyler, Texas 75702
(via e-filing and e-mail at Trey@yw-lawfirm.com,
GregS@rameyflock.com, and nolans@rameyflock.com)
(Attorneys for appellee Texas College)
/s/ Levon G. Hovnatanian
Levon G. Hovnatanian
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