Hassan Parsa v. Vincent Walker ( 2015 )

ACCEPTED 05-14-00874-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 5/18/2015 10:26:54 AM LISA MATZ CLERK NO. 05-14-00874-CV FILED IN IN THE COURT OF APPEALS 5th COURT OF APPEALS DALLAS, TEXAS 5/18/2015 10:26:54 AM FOR THE FIFTH DISTRICT OF TEXAS LISA MATZ Clerk AT DALLAS HASSAN PARSA, Appellant, v. VINCENT WALKER, Appellee. On Appeal from Cause No. DC-13-11870 14th Judicial District Court, Dallas Couty, Texas Hon. Eric Moyé, Judge Presiding SECOND MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLANT TO THE HONORABLE COURT OF APPEALS: COMES NOW, Appellant Hassan Parsa, respectfully moves this Honorable Court for a second extension of time in which to file his brief, stating as follows: 1. The court below is the 14th District Court, Dallas County, Texas. 2. This is an appeal from an order dated June 9, 2014. 3. A notice of appeal was timely filed on July 3, 2014. The Clerk’s Record was filed on August 5, 2014. The Reporter’s Record was filed July 25, 2014. SECOND MOTION TO FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLANT PAGE 1 4. By order dated August 25, 2014, this appeal was abated due to the bankruptcy of Appellant. By order dated March 18, 2015, the stay was lifted by this Court and Appellant’s brief was due to be filed April 15, 2015. 5. By Order dated April 15, 2015, pursuant to extension, Appellant’s Brief is currently due to be filed with this Court on May 17, 2015. 6. It is impossible to adequately prepare the brief of Appellant in the current time allowed. Although counsel for Appellant was counsel in the trial court, the delay caused by the bankruptcy has caused the record to go cold, and it must be thoroughly re- reviewed. Further, counsel’s spouse had surgery on March 30, 2015, leaving her incapacitated for a period of two months. During this period counsel has also had to prepare and file a Reply to Response to Petition for Review in the Supreme Court (filed April 30, 2015) in Goodwin v. QuikTrip Corp., No. 14-1076. Counsel for Appellant requests additional time to adequately prepare the brief of Appellant in the current time allotted. 7. The extension sought in this motion is not sought solely for purposes of delay, but only so that justice may be done. 8. Counsel for Appellee was asked if he opposed this motion on Thursday, May 14, 2015. As of Monday, May 18, 2015, no response has been received. 9. An extension of thirty (30) days is sought by this motion. WHEREFORE, PREMISES CONSIDERED, Appellant respectfully requests that the time in which he may file his Brief be extended to and including June 15, 2015, and for such other and further relief to which he may be entitled at law or in equity. SECOND MOTION TO FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLANT PAGE 2 Respectfully submitted, /s/ Mark Donheiser RANDAL MATHIS State Bar No. 13194300 MARK DONHEISER State Bar No. 05974800 MATHIS & DONHEISER 1412 Main Street, Suite 2600 Dallas, TX 75202 Telephone: 214.303.1919 Facsimile: 214.303.0399 ATTORNEYS FOR HASSAN PARSA CERTIFICATE OF CONFERENCE Counsel for Appellee, Jerrod David, has not responded to a May 14, 2015 request for conference on this motion Signed this 18th day of May, 2015. /s/ Mark Donheiser MARK DONHEISER SECOND MOTION TO FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLANT PAGE 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document has been forwarded to all other known counsel of record as listed below, via facsimile, in accordance with the Texas Rules of Civil Procedure on this 18th day of May, 2015. Mr. Jerrod L. Davis Brady & Brady, PLLC 6440 N. Central Expressway, Suite 610 Dallas, Texas 75206 /s/ Mark Donheiser MARK DONHEISER SECOND MOTION TO FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLANT PAGE 4