Transcontinental Realty Investors, Inc. v. Orix Capital Markets LLC and Wells Fargo Bank Minnesota, N.A. ( 2015 )

ACCEPTED 05-14-00588-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 6/30/2015 1:11:08 PM LISA MATZ CLERK NO. 05-14-00588-CV IN THE COURT OF APPEALS FILED IN 5th COURT OF APPEALS FOR THE FIFTH COURT OF APPEALS DALLAS, TEXAS AT DALLAS, TEXAS 6/30/2015 1:11:08 PM __________________________________________________________________ LISA MATZ Clerk TRANSCONTINENTAL REALTY INVESTORS, INC., Appellant v. ORIX CAPITAL MARKETS, LLC, et al., Appellees. __________________________________________________________________ Appeal from the 134th District Court, Dallas County, Texas No. DC-11-15428, The Honorable Dale Tillery, Presiding ________________________________________________ APPELLANT’S FIRST OPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S MOTION FOR REHEARING TO THE HONORABLE FIFTH COURT OF APPEALS: COMES NOW, Appellant, Transcontinental Realty Investors, Inc., in the above-styled and numbered cause and files this First Opposed Motion for Extension of Time to File Appellant’s Motion for Rehearing, respectfully showing the Court as follows: I. This appeal arises out of the proceedings in the 134th District Court, Dallas County, Texas, Cause No. DC-11-15428. APPELLANT’S FIRST OPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S MOTION FOR REHEARING – Page 1 II. On June 16, 2015, this Court issued its Opinion in this case, affirming the judgment as modified by the Court of Appeals. III. The current deadline for the filing of Appellant’s Motion for Rehearing in this cause is July 1, 2015. IV. Appellant respectfully requests that this Court grant an extension of the time for the filing of Appellant’s Motion for Rehearing for a period of thirty (30) days after July 1, 2015, or until July 31, 2015. Counsel for Appellees has informed counsel for Appellant that Appellees are opposed to the relief sought in this Motion for Extension of Time to File Appellant’s Motion for Rehearing. V. This extension is not sought solely for the purpose of delay, but is sought to enable counsel for Appellant to prepare a well-drawn motion with a clear presentation of the issues and legal authorities involved. No previous extensions have been sought with respect to the filing of Appellant’s Motion for Rehearing. The Opinion of the Court addresses several issues; and appropriate time must be allowed for counsel to examine the Court’s Opinion, the record and issues APPELLANT’S FIRST OPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S MOTION FOR REHEARING – Page 2 in the case, in order to prepare a well-drawn Appellant’s Motion for Rehearing with a clear presentation of the issues involved. Further, counsel for Appellant has devoted and must also devote time to the following additional matters, among others: hearings related to Cause No. DC-14- 12331, styled Shamoun & Norman, LLP v. Schwartz, in the 101st District Court, Dallas County, Texas; briefing in Case No. 05-15-00435-CV, styled Transcontinental Realty Investors, Inc. v. Orix Capital Market, LLC, in the Dallas Court of Appeals; briefing for a Motion for Rehearing in Case No. 05-13-00506- CV, styled Fitness Evolution, L.P. v. Headhunter Fitness, LLC, et al., in the Dallas Court of Appeals; Reply Briefing in the 5th Circuit Court of Appeals in Case No. 15-10053, styled Innova Hospital San Antonio, LP v. CareFirst of Maryland, Inc.; as well preparation for and conduct of hearings in other litigation matters at the trial court level, including Cause No. 3:14-cv-03565-BN, styled Wells Fargo Bank NA v. Transcontinental Realty Investors, Inc., in the Northern District of Texas; Cause No. DC-14-05830, styled The Silvera Firm v. Shamoun & Klatsky, PC, in the 192nd District Court, Dallas County, Texas; Cause No. 90451, styled JAS Holdings, LP v. Meyers, in the 40th District Court, Ellis County, Texas; and Cause No. 199-01764-2015, styled CTMGT Frisco 113 v. Oncor Electrict Delivery Co., LLC, in the 199th District Court, Collin County, Texas. APPELLANT’S FIRST OPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S MOTION FOR REHEARING – Page 3 No previous extensions have been sought with respect to the filing of Appellant’s Motion for Rehearing. VI. Pursuant to the Texas Rules of Appellate Procedure, Appellant respectfully requests an extension of time for the filing of Appellant’s Motion for Rehearing up to and including July 31, 2015. WHEREFORE, PREMISES CONSIDERED, Appellant, Transcontinental Realty Investors, Inc. respectfully prays that the Court grant Appellant an extension of time to file Appellant’s Motion for Rehearing. Respectfully submitted, SHAMOUN & NORMAN, L.L.P. By:_/S/ Jonathan J. Cunningham_______ Jonathan J. Cunningham State Bar No. 00793574 jjc@snlegal.com C. Gregory Shamoun State Bar No. 18089650 g@snlegal.com 1755 Wittington Place, Suite 200, LB 25 Dallas, Texas 75234 (214) 987-1745 (Telephone) (214) 521-9033 (Telecopier) ATTORNEYS FOR APPELLANT Transcontinental Realty Investors, Inc. APPELLANT’S FIRST OPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S MOTION FOR REHEARING – Page 4 Certificate of Conference I certify that the undersigned counsel has conferenced in good faith with Counsel for Appellees on the 26th day of June, 2015 and that Counsel for Appellees is opposed to the relief sought in the above-styled First Unopposed Motion for Extension of Time to File Appellant’s Motion for Rehearing. __/S/ Jonathan J. Cunningham_____ Jonathan J. Cunningham jjc@snlegal.com APPELLANT’S FIRST OPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S MOTION FOR REHEARING – Page 5 Certificate of Service I certify that a copy of this document was served via the methods referenced on this 30th day of June, 2015, upon counsel all known counsel of record shown below: VIA CMRRR/E-Filing Service/and E-Mail Talmage Boston, Esq. tboston@winstead.com Elisabeth Wilson, Esq. ewilson@winstead.com WINSTEAD PC 500 Winstead Building 2728 N. Harwood Street Dallas, Texas 75201 Telephone: 214/745-5400 Facsimile: 214/745-5390 Nicola Hobeiche, Esq. ORIX USA Corporation 1717 Main Street, Suite 900 Dallas, Texas 75201 Telephone: 214/237-2000 Facsimile: 214/237-2018 Nicola.hobeiche@orix.com Attorneys for ORIX Capital Markets, LLC and Wells Fargo Bank Minnesota, N.A. _/S/ Jonathan J. Cunningham________ JONATHAN J. CUNNINGHAM State Bar No. 00793574 jjc@snlegal.com APPELLANT’S FIRST OPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S MOTION FOR REHEARING – Page 6