M & E Endeavours LLC v. Cintex Wirless LLC ( 2015 )

ACCEPTED
2012-06803
FIRST COURT OF APPEALS
HOUSTON, TEXAS
9/8/2015 10:39:05 AM
CHRISTOPHER PRINE
CLERK
No. 01-15-00234-CV
In the Court of Appeals FILED IN
1st COURT OF APPEALS
for the First District of Texas HOUSTON, TEXAS
9/8/2015 10:39:05 AM
CHRISTOPHER A. PRINE
Clerk
M&E ENDEAVOURS LLC,
APPELLANT,
VS.
CINTEX WIRELESS LLC,
APPELLEE.
APPELLANT’S MOTION FOR
EXTENSION OF TIME TO FILE APPELLANT’S BRIEF
To the First Court of Appeals:
Appellant, M&E Endeavours LLC, files this motion for extension of time to file Appellant's
Brief under Rules 10.1, 10.5(b), and 38.6(d) of the Texas Rule of Appellate Procedure, and requests
the Court to extend the deadline for filing the appellants' brief from September 8, 2015, until October
8, 2015. In support of this motion appellant shows:
I.
This is an appeal from final judgment after a jury trial in a breach of contract case. The final
judgment was signed on that was signed on December 12, 2014. A motion for new trial was timely
filed. The notice of appeal was filed on March 12, 2015.
II.
The clerk's record was filed on April 28, 2015; the reporter's record was filed on August 6,
2015. Appellant's Brief is due on September 8, 2015. This is appellant's first request for an extension
of time.
III.
The reason for the need of the additional time is that the undersigned counsel, a sole
practitioner, was in his summer vacation pursuant to a vacation letter filed with the Harris District
Clerk and returned from such vacation on August 10, 2015. Since that time he has been required to
attend to several urgent legal matters and needs additional time to review the clerk’s record and the
reporter’s record and to file the Appellant’s Brief.
WHEREFORE, appellant, M&E Endeavours LLC, requests the Court to grant this motion
and extend the time to file appellant's brief to October 8, 2015.
Respectfully submitted,
Triantaphyllis Law Firm
/s/ Anastassios Triantaphyllis
By: Anastassios Triantaphyllis
State Bar No. 20213600
The Civil Justice Center
112 E. 4th Street
Houston, Texas 77007
Telephone No. (713) 240-7650
Telecopier No. (713) 520-8991
Email tasso@tasso.us
Attorney for M&E Endeavours LLC
2
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above was served upon counsel
for Defendant Cintex Wireless LLC by and through its attorney of record, Nelson S. Ebaugh,
Nelson S. Ebaugh, P.C., 2777 Allen Parkway, Suite 1, Houston, Texas 77019, telecopier
(713) 739-0500, Email nebaugh@ebaughlaw.com, by telecopier, receipted hand delivery or
certified first class mail on September 7, 2015.
/s/ Anastassios Triantaphyllis
Anastassios Triantaphyllis
CERTIFICATE OF CONFERENCE
I certify that I have communicated with counsel for appellee and he informed me that
he is unopposed to this motion.
/s/ Anastassios Triantaphyllis
Anastassios Triantaphyllis
3