Calhoun/Holiday Place, Inc., Artisan/ American Corp., Vernon Young and Elizabeth Young v. Wells Fargo Bank, N.A., Successor-By-Merger to Wachovia Bank, National Association ( 2015 )

ACCEPTED
01-14-00872-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
6/29/2015 12:00:00 AM
CHRISTOPHER PRINE
CLERK
CASE NO. 01-14-00872-CV
FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
IN THE FIRST COURT OF APPEALS
6/29/2015 8:00:00 AM
_______________________________________
CHRISTOPHER A. PRINE
Clerk
CALHOUN/HOLIDAY PLACE, INC., et al
V.
WELLS FARGO BANK, N.A.
_______________________________________
On appeal from the 55th Judicial District Court of
Harris County, Texas Cause No. 2011-56876
_______________________________________
APPELLEE’S UNOPPOSED MOTION FOR EXTENSION OF TIME
TO THE HONORABLE FIRST COURT OF APPEALS:
Appellee, Wells Fargo Bank, N.A., requests a 14–day extension to file
its brief, and for good cause, would show as follows:
1. Appellee’s brief is due on June 29, 2015.
2. This is Appellee’s third request for an extension of time. The previous
extensions were for 30 days and 7 days, respectively.
3. Appellee requests a 14–day extension to file its brief so the
undersigned can adequately prepare the same.
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4. The undersigned has not had sufficient time to prepare Appellee’s
brief due to the demands of his docket during the last month, which
include:
 Preparing and filing a brief on the merits with the Texas
Supreme Court on June 5th in the case–styled and numbered
Morrison v. Whispering Pines Lodge I, LLP, Case No. 14–0318.
 Preparing and filing a brief on June 8th in the case–styled and
numbered, Phillips Development Realty, LLC v. LJA
Engineering, LLC, Case No. 14-14-00858-CV.
 Preparing and filing a brief on the merits with the Texas
Supreme Court on June 12th in the case–styled and numbered
Worldwide Clinical Trials v. Arnold, Case No. 14–0786.
 Preparing and filing a motion for rehearing on June 15th in the
case–styled and numbered, First American Title Insurance Co.
v. Patriot Bank, Case No. 01–14–00170–CV.
 Preparing and filing responses to motions to dismiss and
motions to abstain in bankruptcy adversary proceeding where
the debtor seeks an injunction against criminal prosecution in
Nevada. The hearing on these motions is set for June 23rd. The
case is styled and numbered D’Amico v. Nevada Property I,
LLC d/b/a Cosmopolitan of Las Vegas, et al, Case No. 14–
03529.
5. More important, the undersigned was retained last weekend to
defend a contempt proceeding in the case–styled and numbered, Ahmed v.
Martinez, Cause No. 2013–08674, in the 247th Judicial District Court of
Harris County, Texas. A full evidentiary hearing was held on June 24,
2015. A petition for writ of mandamus will be filed this week because time
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is of the essence, as the case involves an order regarding international
travel with a minor child that is scheduled for July 13, 2015. This
evidentiary hearing and the preparation of the petition for writ of
mandamus—which was not expected when the undersigned filed his second
motion for extension of time—has prevented the undersigned from
completing Appellee’s brief in this case.
6. The undersigned has also drafted other pleadings, discovery
materials, attended conferences, and otherwise attended to routine
litigation matters in the last month
7. Thus, additional time is needed for the undersigned to prepare and
file Appellee’s brief.
8. Under Tex. R. App. P. 10.3, the undersigned conferred with counsel
for Appellants, and counsel is unopposed to this motion.
FOR THESE REASONS, Appellee prays that the Court grant this
motion for extension of time and extend the deadline for filing Appellee’s
brief to July 13, 2015.
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Respectfully submitted,
LEYH, PAYNE & MALLIA, PLLC
By: /s/ Sean M. Reagan
Sean Michael Reagan
sreagan@lpmfirm.com
Texas Bar No. 24046689
9545 Katy Freeway, Suite 200
Houston, Texas 77024
Telephone: 713-785-0881
Facsimile: 713-784-0884
ATTORNEY FOR APPELLEE
Certificate of Service
I certify that a true and correct copy of this document has been served
to all interested parties of record on this the 28th day of June 2015 as
follows:
H. Miles Cohen Via Email
Crain, Caton & James, P.C.
1401 McKinney, Suite 1700
Houston, Texas 77010
/s/ Sean M. Reagan
Sean M. Reagan
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