Zimac Care Center Inc., and Virginia Akuchie v. Ngozi Nweze ( 2015 )

ACCEPTED
01-15-00716-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
11/18/2015 4:37:46 PM
CHRISTOPHER PRINE
CLERK
NO. 01-15-00716-CV
IN THE FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
FIRST COURT OF APPEALS
11/18/2015 4:37:46 PM
AT HOUSTON, TEXAS CHRISTOPHER A. PRINE
Clerk
ZIMAC CARE CENTER, INC., VIRGINIA AKUCHIE, ET AL,
Appellants,
V.
NGOZINWEZE
Appellee
On Appeal from the 127th Judicial District Court
Harris County, Texas
Cause No. 2011-52006
APPELLANTS' MOTION FOR EXTENSION OF TIME
TO FILE APPELLANTS' BRIEF
Respectfully submitted,
IslKurt G. Clarke
Kurt G. Clarke
SBN: 04316720
6200 Savoy, Ste. 458
Houston, Texas 77036
Tel: (713) 779-5500
Fax: (713) 779-6668
E-mail: kgclaw@aol.com
Attorney for Appellants
NO.01-15-00716-CV
IN THE
FIRST COURT OF APPEALS
AT HOUSTON, TEXAS
ZIMAC CARE CENTER, INC., VIRGINIA AKUCHIE, ET AL,
Appellants,
V.
NGOZINWEZE
Appellee
On Appeal from the 127th Judicial District Court
Harris County, Texas
Cause No. 2011-52006
APPELLANTS' MOTION FOR EXTENSION OF TIME
TO FILE APPELLANTS' BRIEF
TO THE HONORABLE COURT OF APPEALS:
COME NOW, ZIMAC CARE CENTER, INC., VffiGINIA
AKUCHIE, ET AL, Appellants in the above styled and numbered case and
under the authority of Tex.R.App.P. lO.S(b) asks the Court to extend time to file
Appellants' brief.
1. Appellants' briefwas due on or about November 5, 2015.
2. Appellants request an additional thirty (30) days to file the brief; that is an
extension of time until December 4,2015.
3. Reasonable explanation of the need for more time to file Appellee's brief
exists in that:
a. Appellants' counsel is solo-practitioner;
b. Appellee's counsel had to travel out of the country for important
personal business beginning on November 17, 2015. Exhibit A.
c. Prior to leaving the country, Counsel for Appellant was actively
engaged in litigating cases in the district and county courts of Harris
and Fort Bend Counties.
4. This is Appellants' first Request for an extension of time to file the brief.
5. This extension of time to file Appellants' brief is not sought for delay, but is
necessary so that justice may be done.
WHEREFORE, PREMISES CONSIDERED, Appellants, pray the court grant an
extension of time allowing Appellants thirty (30) days extension to file the brief.
Appellants request any further relief to which it may be justly entitled.
Respectfully submitted,
IslKurt G. Clarke
Kurt G. Clarke
SBN: 04316720
6200 Savoy, Ste. 458
Houston, Texas 77036
Tel: (713) 779-5500
Fax: (713) 779-6668
E-mail: kgclaw@aol.com
Attorney for Appellants
CERTIFICATE OF CONFERENCE
I hereby certify that this motion was discussed with Appellee's attorney, Ms.
Robin Bluitt on November 18,2015. Ms. Bluitt is "opposed" to an extension of
time. Exhibit B.
IslKurt G. Clarke
Kurt G. Clarke
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing
instrument was forwarded on this the 18th day of November, 2015, either by
E-service provider, telecopier, first class mail, certified mail, return receipt
requested and/or by messenger to:
Robin A. Bluitt
11152 Westheimer #671
Houston, Texas 77042
Fax # (713) 978-6064
E-mail: atty.bluitt@sbcglobal.net
Isl Kurt G. Clarke
Kurt G. Clarke
Depart Arrive
UN I T (IAH) Houston George (POS) Port of Spain,
Bush Intercontinental Ap, TT
US 17-Nov-15 (Tue)
United Airlines 17-Nov-15 (Tue) 0141pm 09.lOpm
Flight Time. 05hr 29min Class. Economy
Stops. nonstop Aircraft. Boeing
737-800
Flight BW601 Depart Arrive
(POS) Port of Spain, TT (GEO) Georgetown.
18-Nov-15 (Wed) 06:10am GY
18-Nov-15 (Wed)
Caribbean Airlines 0720am
Flight Time. 01 hr 10min Class: Economy
Stops. nonstop Aircraft. Boeing
737-800
Flight BW460 Depart Arrive
...• (GEO) Georgetown, GY (POS) Port of Spain,
Arij.~...1"''' ~;.1(rlif"/llJ TT
".
01-Dec-15 (Tue) 03.50pm
01-Dec-15 (Tue)
Caribbean Airlines 0500pm
Flight Time. 01 hr 10min Class. Economy
Stops. nonstop Aircraft. Boeing
737-800
Flight UA1459 Depart Arrive
(POS) Port of Spain, TT (IAH) Houston
UNITEO~
02-Dec-15 (Wed) 0915am George Bush
Intercontinental Ap,
United Airlines US
02-Dec-15 (Wed)
0125pm
Flight Time: 06hr 10min Class. Economy
Stops. nonstop Aircraft. Boeing
737-800
TICK T TYPE PRiCE sUrVilV,Aqy
E-ticket(s)
1 Adult(s) $ 652.00
Taxes and agent-
$ 88.00
imposed Fees
Total $ 740.00 USD
NOTE: The Total displayed reflects
the total cost of the original booking
only and does not include any charges
associated with subsequent changes.
* Charged on your Credit Card.
United Airlines $ 740.00 USD
EXHIBIT
I A
From: Robin Bluitt
To: kgclaw
Subject: Re: Zimac v. Nweze - Appeal
Date: Wed, Nov 18,20151:36 pm
Mr. Clarke,
Please let me know your position on this untimely appeal motion to dismiss. I oppose the "extension of time to
file defendants' brief. "
Sent from my iPhone
On Nov 18, 2015, at 12:02 PM, "kgclaw@aol.com" wrote:
Dear Ms. Bluitt:
I intend to file a Motion to Extend time to file Appellant's Brief.
Kindly notify me of your position.
I look forward to hearing from you soon.
Kurt
Law Offices of
Kurt G. Clarke
Attorney at Law
Regency Square Tower
6200 Savoy, Suite 458
Houston, Texas 77036
Tel. (713)779-5500
Fax. (713)779-6668
Email: kgclaW@aol.com
EXHIBIT
I B
From: Robin Bluitt
To: kgclaw
Subject: Re: Zimac v. Nweze - Appeal
Date: Wed, Nov 18,201512:24 pm
I plan to file a motion to dismiss due to the untimely appeal. The last day to appeal was the 14th. The appeal
was filed on the 18th.
Sent from my iPhone
On Nov 18, 2015, at 12:02 PM, "kgc/aw@aol.com" wrote:
Dear Ms. Bluitt:
I intend to file a Motion to Extend time to file Appel/ant's Brief.
Kindly notify me of your position.
I look forward to hearing from you soon.
Kurt
Law Offices of
Kurt G. Clarke
Attorney at Law
Regency Square Tower
6200 Savoy, Suite 458
Houston, Texas 77036
Tel. (713)779-5500
Fax. (713) 779-6668
Email: kgclaw@aol.com