Jay H. Cohen, Individually and as Trustee of the JHC Trust I and II v. NewBiss Property, L.P. ( 2015 )

ACCEPTED
01-13-00233-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
5/8/2015 10:40:58 AM
CHRISTOPHER PRINE
CLERK
NOS. 01-13-00267-CV
01-13-00233-CV
FILED IN
1st COURT OF APPEALS
IN THE COURT OF APPEALS HOUSTON, TEXAS
FOR THE FIRST DISTRICT OF TEXAS,
5/8/2015 10:40:58 AM
HOUSTON, TEXAS CHRISTOPHER A. PRINE
Clerk
JAY H. COHEN, INDIVIDUALLY AND AS TRUSTEE OF THE JHC
TRUSTS I AND II, Appellant
V.
SANDCASTLE HOMES, INC., Appellee
****************
JAY H. COHEN, INDIVIDUALLY AND AS TRUSTEE OF THE JHC
TRUST I AND II, Appellant
V.
NEWBISS PROPERTY, LP, Appellee
On Appeal from the 234th District Court
Harris County, Texas
Trial Court Case Nos. 2010-20973A & 2010-20973B
APPELLEES’ UNOPPOSED MOTION TO EXTEND DEADLINE TO FILE
RESPONSE TO APPELLANT’S MOTION FOR REHEARING
TO THE HONORABLE COURT:
Pursuant to Texas Rules of Appellate Procedure 10.5(b and 49.8, Appellees
Sandcastle Homes, Inc. (“Sandcastle”), and NewBiss Property, L.P. (“NewBiss”)
respectfully move the Court to extend the deadline to file Appellees’ response to
Appellant's Motion for Rehearing. In support of this motion, Appellees show the
Court as follows:
1. The deadline to file Appellees’ Response to Appellant’s Motion for
Rehearing is May 20, 2015.
2. Appellees seek an extension of 15 days.
3. The extension is sought to compensate for scheduling conflicts of
Appellees’ counsel. Blaine Hummel is getting married on May 16, 2015 and
preparing for his wedding. Mr. Hummel is also scheduled to attend a court ordered
mediation on May 20, 2015, in Adversary No. 14-0328, Knorvek, LLC, v.
Unlimited Restoration Specialists, Inc., in the United States Bankruptcy Court for
the Southern District of Texas. He is also set for trial on May 22, 2015 in
Adversary No. 13-03315, Aleta Renee Chapman v. Green Tree Servicing, et al.,
also in the United States Bankruptcy Court for the Southern District of Texas.
Additionally, Brad Irelan will be attending the graduation of his daughter in
Virginia from May 15-18, 2015.
4. This is the first extension requested and is not sought for the purposes
of delay.
5. Appellants are unopposed to this motion.
For these reasons, Appellees pray that this Court grant an extension of time
to file their Response to Appellant’s Motion in this matter through and including
June 4, 2015.
IRELAN MCDANIEL, PLLC
/s/ Blaine Hummel
Bradford W. Irelan
birelan@IMTexaslaw.com
State Bar No. 10411550
Blaine Hummel
bhummel@IMTexaslaw.com
State Bar No. 24012872
440 Louisiana Street, Suite 1800
Houston, Texas 77002-1652
Telephone: (713) 222-7666
Facsimile: (713) 222-7669
ATTORNEY FOR APPELLEES
SANDCASTLE HOMES, INC.,
AND NEWBISS PROPERTY, L.P
CERTIFICATE OF CONFERENCE
I hereby certify that I conferred with counsel for Appellants who stated that
they are not opposed to the relief sought herein.
/s/ Blaine Hummel
Blaine Hummel
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on May 8, 2015, a true and correct
copy of Appellees’ Unopposed Motion to Extend Time has been served by
electronic service on the below-listed counsel in compliance with the Texas Rules
of Appellate Procedure.
Kemp W. Gorthey
604 West 12th Street
Austin, Texas 78701
(512) 479-6417 Facsimile
James Eloi Doyle
Nicole S. Bakare
DOYLE, RESTREPO, HARVIN & ROBBINS, L.L.P.
600 Travis Street, Suite 4700
Houston, Texas 77002-3005
(713) 228-6138 Facsimile
/s/ Blaine Hummel
Blaine Hummel