Jeff O'Banion v. Inland Western Clear Lake Clear Shores GP, LLC and Shannon Methvin ( 2015 )

ACCEPTED
01-15-00704-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
11/30/2015 11:45:03 AM
CHRISTOPHER PRINE
CLERK
NO. 01-15-00704-CV
IN THE FIRST COURT OF APPEALS FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS HOUSTON, TEXAS
11/30/2015 11:45:03 AM
CHRISTOPHER A. PRINE
Clerk
JEFF O’BANION,
Appellant
VS.
INLAND WESTERN CLEAR LAKE GULF SHORES GP, LLC
AND SHANNON METHVIN,
Appellees
On Appeal from the County Court at Law No. 1, Galveston County, Texas
Trial Court Cause Number CV-0061302
APPELLANT JEFF O’BANION’S SECOND
MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF
TO THE HONORABLE COURT OF APPEALS:
Appellant Jeff O’Banion (“O’Banion), pursuant to the Texas Rule of
Appellate Procedure, files this Second Motion to Extend Time File Appellant’s
Brief, and in support of the motion shows the Court the following:
1. The deadline for filing the Brief is Monday, November 30, 2015.
2. Appellant seeks a one-week extension of time to file his brief, up to and
including Monday, December 7, 2015.
3. Appellant requires an extension of time to file the Appellant’s Brief for the
following reasons:
A. The intervening Thanksgiving holiday.
B. Extreme computer issues, which have greatly slowed the completion
of the brief. These include:
1. Damage to the screen and mother board, due to an accidental
breakage, of the undersigned counsel’s primary computer. The
computer contained the draft brief, notes, the record and the
undersigned’s password for his Lexis account;
2. The inability to get the computer repaired over the Thanksgiving
holiday weekend;
3. The apparent loss, by the undersigned counsel’s 16-year old son, of
counsel’s backup computer;
4. The time spent in retrieving passwords, retrieving backup copies of
the brief, notes, records, etc, and establishing them onto additional
office computers, all of which are being used by the undersigned’s
staff for their other job duties.
4. There has been one prior extensions for filing the Appellant’s Brief.
5. Appellant would further show that the appeal to this Court is taken from the
County Court at Law No. 1 of Galveston County, Texas, which rendered its
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judgment on May 15, 2015.
6. The facts set out above are within the personal knowledge of the
undersigned counsel.
THEREFORE, Appellant Jeff O’Banion respectfully requests that the Court
grant his second motion for extension of time to file his brief and afford him up to
and including December 7, 2015 to file Appellant’s Brief. O’Banion requests
such further and additional relief as the Court deems appropriate.
Respectfully submitted,
LAW OFFICE OF PHIL GRIFFIS
By: /s/ Phil Griffis
Phil Griffis
Texas Bar No. 08476400
2525 Bay Area Blvd., Suite 195
Houston, TX 77058
Telephone: 832-284-4013
Facsimile: 713-493-7253
pgriffis@griffislawfirm.com
ATTORNEY FOR APPELLANT
CERTIFICATE OF CONFERENCE
As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I
have conferred, or made a reasonable attempt to confer, with all other parties
which are listed below about the merits of this motion with the following results:
I have contacted counsel for Appellee Inland Western Gulf Shores Clear
Lake GP, LLC, but was unable to reach him over the holiday weekend.
Appellee Shannon Methvin is pro se, and does not accept mail at her last
known address provided to the trial court. Counsel has been unable to reach her
about the motion. Appellant will send a copy of the pleading to her, by regular
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mail and certified mail, return receipt requested, to her last known address.
/s/ Phil Griffis
Phil Griffis
CERTIFICATE OF SERVICE
As required by Texas Rule of Appellate Procedure 6.3 and 9.5(b), (d), (e), I
certify that I have served this document on all other partieswhich are listed below
on November 30, 2015 as follows:
R. Spencer Shytles Via Facsimile No. 972-770-2156
GRAHAM, BRIGHT & SMITH
Two Lincoln Center
5420 LBJ Freeway #300
Dallas, TX 75240
Ms. Shannon Methvin Via Regular and Certified Mail RRR
414 Twin Timbers
Kemah TX, 77565
/s/ Phil Griffis
Phil Griffis
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