Mohammed A. Jafar, Mohammed M. Chowdhury and Abdus Sobhan v. Seraj Mohammed ( 2015 )

ACCEPTED 14-14-00512-cv FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 5/20/2015 1:15:36 PM CHRISTOPHER PRINE CLERK NO. 14-14-00512-CV FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 5/20/2015 1:15:36 PM IN THE FOURTEENTH COURT OF APPEALS CHRISTOPHER A. PRINE FOR THE STATE OF TEXAS Clerk MOHAMMED A. JAFAR, MOHAMMED M. CHOWDHURY AND ABDUS SOBHAN, Appellants v. SERAJ MOHAMMED, Appellee On Appeal from the 269th District Court, Harris County, Texas Trial Court Cause No. 2012-10417 APPELLEE’S SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF David L. Hutchins Texas Bar No. 24065470 1900 Pearl Street Austin, Texas 78705 Tel: (512) 474-7300 Fax: (512) 474-8557 Email: dhutchins@howrybreen.com Attorney for Appellee Seraj Mohammed 1 TO THE HONORABLE COURT OF APPEALS: Pursuant to Tex. R. App. P. 10.1 and 38.6(d), Appellee, Seraj Mohammed, files this Second Unopposed Motion For Extension of Time to file Appellee’s Brief. In support of this motion, Appellee would show the Court as follows: 1. Appellants filed their brief on March 18, 2015. 2. Appellee’s brief is due on May 20, 2015. 3. In this appeal, Appellants raise a point-of-error regarding whether the trial court abused its discretion in denying their motion to exclude the testimony of Appellee’s business appraiser, Jeffrey D. Jones. Prior to the submission of his brief, Appellee, through counsel, discovered that Appellee’s response to Appellants’ motion to exclude the testimony of Jones was not included as part of the clerk’s record (or supplemental records) by the Harris County District Clerk. 4. Apellee’s response to Appellants’ motion to exclude Jones’ testimony is critical for this court’s consideration and disposition of one or more issues raised by Appellants on appeal. 5. By this motion, Appellee seeks a thirty-day extension of the deadline to file his response brief to allow sufficient time for the Harris County District Clerk to prepare the supplemental clerk’s record and forward to the Fourteenth Court of Appeals. 2 6. Appellee has previously requested one extension of time to file his brief, and no further requests for extension are anticipated in the future. 7. All stated facts herein are known ex officio or are within the personal knowledge of Appellee and/or his counsel. Tex. R. App. P. 10.2. 8. This motion is not sought for the purpose of delay but so that justice may be done. PRAYER FOR RELIEF For the reasons set forth herein, Appellee prays that this Court grant this motion for extension of time for Appellee to file his brier and enter an Order that Appellee’s brief is due on or before June 19, 2015. Respectfully submitted, /s/ David L. Hutchins David L. Hutchins Texas Bar No. 24065470 1900 Pearl Street Austin, Texas 78705 Tel: (512) 474-7300 Fax: (512) 474-8557 Email: dhutchins@howrybreen.com Attorney for Appellee Seraj Mohammed 3 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing instrument was served upon Alphonsus Ezeoke via Texas e-filing on May 20, 2015. /s/ David L. Hutchins David L. Hutchins CERTIFICATE OF CONFERENCE I hereby certify that on May 20, 2015, the undersigned conferred with counsel for Appellants, Alphonsus E. Ezeoke via email. Mr. Ezeoke responded via email that his is not opposed to the relief requested herein. /s/ David L. Hutchins David L. Hutchins 4