Jacqueline Shelby, Timothy Shelby and/orAll Other Occupants 61 08 Lake Vista Drive, Dallas, Texas 75249 v. Wells Fargo Bank, N.A. ( 2019 )

ACCEPTED
05-19-00457-CV
FIFTH COURT OF APPEALS
DALLAS, TEXAS
9/17/2019 11:07 AM
LISA MATZ
CLERK
Cause No. 05-19-00457-CV
FILED IN
5th COURT OF APPEALS
DALLAS, TEXAS
IN THE COURT OF APPEALS
09/17/2019 11:07:21 AM
FIFTH DISTRICT OF TEXAS AT DALLAS LISA MATZ
Clerk
JACQUELINE SHELBY, TIMOTHY SHELBY AND/OR ALL OTHER
OCCUPANTS 6108 LAKE VISTA DRIVE, DALLAS, TEXAS 75249,
Appellant
v.
WELLS FARGO BANK N.A., Appellee
On Appeal from County Court of Dallas County, Texas
Number 5
Cause No. CC-19-01373-E
APPELLANT’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO
FILE APPELLANT’S BRIEF
Chad A. Norcross
SBN:24039513
NORCROSS LAW
9288 Wichita Trail
Frisco, Texas 75033
Tel: (214) 368-9300
Fax: (877)-846-3149
chad.norcross@norcrosslaw.com
Attorney for Appellants
Jacqueline Shelby and Timothy Shelby
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Appellant, Jacqueline Shelby and Timothy Shelby asks the court to extend
the time to file Appellant’s Brief based on the following reasons.
A. Introduction and Background Facts
1. Appellant is Jacqueline Shelby and Timothy Shelby and All Other
Occupants (“Appellants”); Appellee is Wells Fargo Bank N.A.
2. The undersigned is attorney for Appellants.
3. The time for filing Appellant’s Brief initially expired and the Court
directed the Appellant to file their brief and motion for extension no later than
September 20, 2019.
4. No previous extension requests have been made by Appellant.
5. Appellant requests a 45-day extension of time to file their Appellant’s
Brief should filing it be necessary in light of the foregoing reasons.
B. Argument & Authorities
6. Rule 10.5(b) authorizes Appellant to request an extension of time to file
their Appellant’s Brief if sufficient reasons exist for doing so.
7. In part, Appellant seeks an extension of the due date to allow the Dallas
County Court Clerk the time it needs to supplement the Clerk’s Record. It was
discovered that in order to properly put forth the legal arguments, the Court Clerk
needs to supplement the record to include omitted items into the Clerk’s Record.
The Appellant’s counsel filed a request today to have the omitted items included in
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the Supplemented record. Please see attached Exhibit 001-002 which is hereby
incorporated by reference.
8. Additionally, Appellant seeks an extension because Appellee has
conveyed the real property subject to this dispute to a third party. Appellant and
Appellee need additional time to explore the legal issues involved in light of the fact
that Appellee no longer has an interest in the eviction. The Appellee will not be
significantly injured by the Appellant’s failure to timely file a brief.
9. Finally, the parties are working in good faith toward a resolution of this
dispute which may end up resulting in a joint dismissal of this appeal. The parties
need additional time to work through the options available.
10. This is the first request for an extension of time to extend the deadline to
file Appellant’s Brief.
11. The Court has authority to extend the time to file the corrections to
Appellant’s Brief under Tex. R. App. P. 38.8(a)(1).
12. Appellant requests a 45-day extension of time to file their Appellant’s
Brief, provide the Court with a status report, or submit an agreed joint dismissal of
the appeal.
C. Conclusion
13. The undersigned, as attorney for Appellants requests an extension of the
present deadline of September 20, 2019 to file Appellant’s Brief, provide the Court
with a status report, or submit an agreed joint dismissal of the appeal.
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D. Prayer
14. Appellants asks the Court to grant this motion and extend the time for
filing their Appellant’s Brief for 45-days, provide the Court with a status report, or
submit and agreed joint dismissal of the appeal.
Respectfully submitted,
NORCROSS LAW
By: /s/ Chad A. Norcross
Chad A. Norcross
SBN: 24039513
9288 Wichita Trail
Frisco, Texas 75033
Tel: (214) 368-9300
Fax: (877) 846-3149
chad.norcross@norcrosslaw.com
Attorney for Appellant
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CERTIFICATE OF CONFERENCE
I hereby certify that on September 16, 2019, I communicated with Appellee’s
counsel and they are unopposed to this request.
/s/ Chad A. Norcross
Chad A. Norcross
CERTIFICATE OF SERVICE
I certify that on September 16, 2019 a true and correct copy of this document
was served by the means indicated below on all parties.
Via EServe
Brian D. McGrath
Barrett Daffin Frapper Turner & Engel LLP
4004 Belt Line Road Suite 100
Addison, Texas 75001
/s/ Chad A. Norcross
Chad A. Norcross
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FILED
9/16/2019 10:16 AM
JOHN F. WARREN
COUNTY CLERK
DALLAS COUNTY
Chad A. Norcross
NORCROSS LAW
9288 Wichita Trail
Frisco, Texas 75033
(214) 368-9300 – Fax (877) 846-3149
Attorneys and Counselors at Law
September 16, 2019
Via Efile
Court Clerk
County Court at Law No. 5
George Allen, Sr. Courts Building
600 Commerce Street
Dallas, Texas 75202
Re: Cause No. CC-19-01373-E – Wells Fargo Bank, N.A., Plaintiff v. Jacqueline
Shelby, Timothy Shelby and/or All Other Occupants, Defendants; In the County
Court at Law No. 5, Dallas County, Texas
Request for Supplemental Clerk’s Record
Dear Court Clerk:
On or about July 29, 2019, you filed the Clerk’s Record for the above referenced
matter into the Fifth Court of Appeals. In reviewing the Clerk’s Record that you filed, it
omitted important records that are essential to our appeal that were in the clerk’s record.
I have listed below the documents that were omitted. Please supplement and file
all of the pages omitted from the record that are listed below.
Transcript of docket – filed with Clerk on March 4, 2019 from JP Court
Defendant’s Original Answer - filed with Clerk on March 4, 2019 from JP Court
Letter from Court to all parties dated by Court and filed with Clerk on March 4, 2019
Certificated of Written Discovery – filed with Clerk on March 18, 2019
Jury Trial fee – filed with Clerk and paid on March 18, 2019
Notice of Non-Jury Trial Setting dated March 5, 2019, filed with Clerk on March 21, 19
Please contact me if you have any questions or comments. I am happy to provide
the extra fee associated with this request when you determine the amount.
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EX - 001
Respectfully Submitted,
NORCROSS LAW
9288 Wichita Trail
Frisco, Texas 75033
Tel. 214-368-9300
Fax. 877-846-3149
chad.norcross@norcrosslaw.com
By: /s/ Chad A. Norcross
Chad A. Norcross
Texas Bar No. 24039513
Attorney for
Defendant/Appellant
CERTIFICATE OF SERVICE
I certify that on September 16, 2019, a true and correct copy of the Appellant’s
Request for Clerk to Supplement the Clerk’s Record was served by the following method
on the Appellee’s counsel pursuant to the method authorized by the TRCP and TRAP.
Via EServe
Brian D. McGrath
Barrett Daffin Frapper Turner & Engel LLP
4004 Belt Line Road Suite 100
Addison, Texas 75001
Plaintiff/Appellee’s Counsel
/s/ Chad A. Norcross
Chad A. Norcross
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EX - 002