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

ACCEPTED
01-14-00936-cv
FIRST COURT OF APPEALS
HOUSTON, TEXAS
6/2/2015 11:12:37 AM
CHRISTOPHER PRINE
CLERK
No. 01-14-00936-CV
FILED IN
1st COURT OF APPEALS
IN THE COURT OF APPEALS HOUSTON, TEXAS
6/2/2015 11:12:37 AM
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 was Wednesday, May
27, 2015.
05267.207 / 1753033.1
2. WBPOA seeks a 30 day extension of time in which to file its
responsive brief, such that the brief would be due on Friday, June 26, 2015. This is
WBPOA’s first request for an extension of time in which to file its brief.
3. Filed contemporaneously with this motion is Appellee’s Motion to
Dismiss for Want of Jurisdiction which Appellee contends is dispositive of this
appeal. This Court ordered Mallory to provide a response to its March 17, 2015
correspondence regarding Mallory’s untimely filing of the Notice of Appeal.
Mallory failed to provide any response to this Court’s inquiry by the Court’s
deadline of March 31, 2015. As such, it was unclear to Appellee whether the
appeal was to proceed as a result of the jurisdictional issue.
4. WBPOA requests that the Court grant it a 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.
5. 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.
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05267.207 / 1753033.1
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 / 1753033.1
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 2nd 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 2, 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 / 1753033.1