Nace International v. Maurice Johnson and E & M Enterprises, Inc. ( 2015 )

ACCEPTED 01-15-00529-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 8/3/2015 12:38:58 PM CHRISTOPHER PRINE CLERK No. 01-15-00529-CV FILED IN IN THE COURT OF APPEALS 1st COURT OF APPEALS HOUSTON, TEXAS FOR THE FIRST DISTRICT OF TEXAS 8/3/2015 12:38:58 PM AT HOUSTON CHRISTOPHER A. PRINE Clerk NACE INTERNATIONAL, Appellant v. MAURICE JOHNSON AND E&M ENTERPRISES, INC., Appellees Appealed from the 215th Judicial District Court Harris County, Texas APPELLEES’MOTION TO EXTEND TIME TO FILE APPELLEES’S BRIEF Grealish & McZeal, PC Marcellous S. McZeal State Bar No. 00798368 SBN: 00798368 700 Louisiana Street, 48th Floor Houston, Texas 77002 Telephone: (713) 255-3234 Facsimile: (713) 783-2502 ATTORNEYS FOR APPELLEESES, Maurice Johnson & E&M Enterprises, Inc. TO THE HONORABLE FIRST COURT OF APPEALS: Appellees respectfully requests this Court to extend the time in which to file Appellees’ Brief. NACE International, is the Appellant. Maurice Johnson & E&M Enterprises, Inc. are the Appellees. Appellees’ Brief is due August 3, 2015. However, Appellees seek a 20 day extension to file brief under the authority of T.R.A.P. 10.5(b). The Court may extend time to file Appellees’ Brief under the authority of Texas Rules of Appellate Procedure 10.5(b). This is Appellees’ first request for extension. Appellees seek an extension of time to file Appellees’ Brief because the lead briefing attorney recently finished closing a large corporate acquisition and there was not sufficient time to adequately, effectively and diligently prepare Appellees’ Brief before the August 3, 2015 brief due date. This is Appellees’ first request for an extension of time and Appellant, NACE International by and through its attorney was unavailable to determine if it was opposed. For the foregoing reasons, Appellees, Maurice Johnson & E&M Enterprises, Inc., request this Court grant an extension of time in which to file his brief to on or about, August 24, 2015. Respectfully Submitted, GREALISH & McZEAL, PC BY: /s/ Marcellous S. McZeal Marcellous S. McZeal State Bar No. 00798368 SBN: 00798368 700 Louisiana Street, 48th Floor Houston, Texas 77002 Telephone: (713) 255-3234 Facsimile: (713) 783-2502 CERTIFICATE OF SERVICE I hereby certify that on this the 3rd day of August 2015, a copy of the attached Motion was forwarded to the counsel below via certified mail return receipt requested pursuant to province of TEX.R.CIV.P. 21a /s/ Marcellous S. McZeal Marcellous S. McZeal via facsimile @ (713) 535-5533 Robert Naudin John L. Grayson Cokinos, Bosien & Young Four Houston Center 1221 Lamar, 16th Floor Houston, Texas 77010 ATTORNEYS FOR APPELLANT CERTIFICATE OF CONFERENCE I hereby certify that I have made a good faith effort to confer with Appellant’s counsel on August 3, 2015. I unsuccessfully telephoned and emailed Mr. Naudin, counsel for Appellant, to determine if he was opposed to this motion. At the time of the filing of this Motion, there was no response. /s/ Marcellous S. McZeal Marcellous McZeal