Joel Mallory Junior v. West Bellfort Property Owners Association ( 2015 )

ACCEPTED
01-14-00936-cv
FIRST COURT OF APPEALS
HOUSTON, TEXAS
6/23/2015 2:30:59 PM
CHRISTOPHER PRINE
CLERK
No. 01-14-00936-CV
FILED IN
1st COURT OF APPEALS
IN THE COURT OF APPEALS HOUSTON, TEXAS
6/23/2015 2:30:59 PM
FOR THE FIRST DISTRICT OF TEXAS CHRISTOPHER A. PRINE
HOUSTON, TEXAS Clerk
JOEL D. MALLORY, JR.,
Appellant
v.
WEST BELLFORT PROPERTY OWNERS ASSOCIATION
Appellee
MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF
TO THE HONORABLE COURT OF APPEALS:
Comes now, Appellee West Bellfort Property Owners Association
(“WBPOA”), files this Motion for Extension of Time to File Appellee’s Brief
pursuant to Texas Rule of Appellate Procedure 10.5(b) and in support thereof
would show the following:
1. WBPOA’s deadline for filing its appellate brief is Friday, June 26,
2015.
05267.207 / 1759004.1
2. WBPOA seeks a 30 day extension of time in which to file its
responsive brief, such that the brief would be due on Monday, July 27, 2015. This
is WBPOA’s second request for an extension of time in which to file its brief.
3. On June 2, 2015, Appellee filed its Motion to Dismiss for Want of
Jurisdiction which Appellee contends is dispositive of this appeal. The Court
raised the jurisdictional issue initially on March 17, 2015. This Court ordered
Mallory to provide a response to its March 17, 2015 correspondence regarding
Mallory’s untimely filing of the Notice of Appeal by March 31, 2015. Mallory
failed to provide any response to this Court’s inquiry by the Court’s deadline.
4. In the case at hand, the deadline for Mallory to file his notice of
appeal was November 4, 2014. Including an additional fifteen (15) days under
Rule 26.3, the notice of appeal must have been filed by no later than November 19,
2014. Mallory did not file his Notice of Appeal until November 20, 2014. As
such, the Notice of Appeal is untimely and the appeal should be dismissed for want
of jurisdiction pursuant to Rules 25.1 and 42.3(a) of the Texas Rules of Appellate
Procedure.
5. WBPOA requests that the Court grant it an additional thirty (30) day
extension of time to file its responsive brief in order to provide the Court time to
address the jurisdictional issue prior to Appellee expending the attorney’s fees and
costs associated with filing and preparing an appellate brief.
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05267.207 / 1759004.1
6. This request for an extension of time is not sought to cause delay or
prejudice, but only so that justice may be done.
WHEREFORE, Appellee respectfully requests that this Court grant its
Motion for Extension of Time to File Appellee’s Brief and allow it an additional
thirty (30) days in which to file its brief, and for such other and further relief to
which it may be justly entitled.
Respectfully submitted,
LECLAIRRYAN
/s/ Leslee N. Haas
By:_________________________________
JAMES J. McCONN, JR.
State Bar No. 13439700
LESLEE N. HAAS
State Bar No. 24041031
1233 West Loop South, Suite 1000
Houston, Texas 77027
Direct Line: 713-752-8304 (McConn)
Direct Line: 713-752-8394 (Haas)
Facsimile : 713-650-0027
E-Mail: james.mcconn@leclairryan.com
E-Mail: leslee.haas@leclairryan.com
ATTORNEYS FOR APPELLEE, WEST
BELLFORT PROPERTY OWNERS
ASSOCIATION
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05267.207 / 1759004.1
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing
instrument has been served upon all known Counsel Record on this the 23rd day of
June 2015.
Joel D. Mallory, Jr. Via E-Serve & E-Mail & Facsimile
P. O. Box 301035
Houston Texas 77230
Appellant Pro Se
Brandi J. Croffie Via E-Serve & E-Mail
Hoover Slovacek, LLP
5847 San Felipe, Suite 2200
Houston Texas 77057
Counsel for Appellee
West Bellfort Property Owners Association
/s/ Leslee N. Haas
____________________________________
LESLEE N. HAAS
CERTIFICATE OF CONFERENCE
As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I
made a reasonable attempt to confer with Appellant Joel Mallory by telephone on
June 23, 2015. As of the time of filing this motion, no response was received. As
such, it is assumed that Appellant is opposed to this motion.
/s/ Leslee N. Haas
LESLEE N. HAAS
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05267.207 / 1759004.1