Inwood Forest Community Improvement Association v. Toan Van Nguyen ( 2015 )

ACCEPTED
14-14-00825-CV
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
5/4/2015 2:29:02 PM
CHRISTOPHER PRINE
CLERK
NO. 14-14-00825-CV
IN THE COURT OF APPEALS FILED IN
14th COURT OF APPEALS
FOURTEENTH JUDICIAL DISTRICT HOUSTON, TEXAS
at Houston, Texas 5/4/2015 2:29:02 PM
CHRISTOPHER A. PRINE
Clerk
INWOOD FOREST COMMUNITY ASSOCIATION,
Appellants
v.
TOAN VAN NGUYEN, ET AL,
Appellees
FROM THE 165TH JUDICIAL DISTRICT
OF HARRIS COUNTY, TEXAS
HON. ELIZABETH RAY
APPELLEES’ JOINT SECOND UNOPPOSED MOTION FOR
EXTENSION OF TIME TO FILE APPELLEES’ BRIEF
Susan C. Norman Sandra Roach Godfrey
Attorney at Law Attorney at Law
State Bar Number 15083020 TBN: 24009079
P.O. Box 52518 P. O. Box 6065
Houston, Texas 77052 Katy, Texas 77491
713-882-2066 Phone: 713-963-9600
281-605-1822 (Fax) Fax: 713-481-8458
suenorman@suenormanlaw.com sandragodfrey@msattys.net
Attorney for Appellees, Attorney for Appellee
Alma Jean Dooling, et al Elio Arce
ORAL ARGUMENT REQUESTED
TO THE HONORABLE JUSTICES OF THE COURT:
Come now, Appellee Arce and Appellees Dooling, et al, who jointly file this
second unopposed motion to extend time to file the brief of Appellees and would
respectfully show the Court as follows:
I. MOTION IS UNOPPOSED
1. Appellant does not oppose this motion, having requested and been granted,
extensions, for reasons including that the Clerk’s Record was incomplete. The
Clerk’s Record is still incomplete; multiple documents timely requested by Appellees
were not included in Clerk’ Records filed. Appellees’ counsel has been in
communication with the Clerk’s office regarding the record and items to be included.
2. The brief of Appellees Arce and of Dooling, et al, is due in this Court on May
4, 2015.
3. Appellees jointly seek a thirty-day extension of time until June 3, 2014, to file
Appellees, Arce and Dooling, et al, Appellees’ Brief.
4. The following grounds show good cause for an extension of time to file
Appellees’ brief. Appellees would show that in addition to the foregoing matters in
connection with this appeal, Appellee, Arce’s, counsel has been or is presently
involved in the following matters:
a. Preparation for and appearance for trial set for May 4, 2015, in Cause
No. 14-CV-0930; 3G Fishing Charters, LLC vs. GYB Investors LLC; In the
56th District Court of Galveston County, Texas; total thirty-five (35) witnesses
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with depositions being taken in early March, and three experts, with expert
depositions taken week of March 24-27; Mediation took place on May 1,
2015, case did not settle; case re-set on May 4, 2015, for trial after discovery
matters required new expert depositions.
b. Coordinating plaintiff’s representation with local Boston counsel in CA
No. 13-2528A; Bernard Maloof, et al vs. Maryanne Deveau, in
Commonwealth of Massachusetts, Suffolk Superior Court; coordinating
depositions and mediation.
5. Counsel for Dooling, et al, has been assisting with preparation of 3G Fishing
Charters matter.
7. This motion for extension of time is not filed for the purpose of delay, but to
allow counsel adequate time to prepare Appellees’ Brief.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellee Elio Arce and
Appellees Dooling, et al, respectfully request that the deadline for filing Appellees’
Brief be extended to and including June 3, 2015.
Respectfully submitted,
/S/ Susan C. Norman /S/ Sandra Roach Godfrey
Susan C. Norman Sandra Roach Godfrey
Attorney at Law Attorney at Law
State Bar Number 15083020 TBN: 24009079
P.O. Box 52518 P. O. Box 6065
Houston, Texas 77052 Katy, Texas 77491
713-882-2066 Phone: 713-963-9600
281-605-1822 (Fax) Fax: 713-481-8458
suenorman@suenormanlaw.com sandragodfrey@msattys.net
Attorney for Appellees, Attorney for Appellee
Alma Jean Dooling, et al Elio Arce
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CERTIFICATE OF CONFERENCE
In accordance with Rule 10.1 of the Texas Rules of Appellate Procedure, I
certify that I spoke with or communicated with opposing counsel for Appellant,
regarding this motion, and he is unopposed, and counsel for other Appellees are
unopposed.
/S/ Susan C. Norman
CERTIFICATE OF COMPLIANCE
I hereby certify that Appellant the word count in this document is 373 words
and it complies with the Texas Rules of Appellate Procedure. This motion is not a
brief.
/S/ Susan C. Norman
CERTIFICATE OF SERVICE
The undersigned counsel certifies that this document has been served on the
following lead counsel on May 4, 2015, pursuant to Rule 9.5, Texas Rules of
Appellate Procedure in the manner set forth below:
Dylan B. Russell Sandra Roach Godfrey
Hoover Slovacek The Godfrey Law Firm
Counsel for Plaintiff Counsel for Elio Arce
via email to russell@hooverslovacek.com to sandragodfrey@msattys.net
Steven D. Poock Thomas Sanders
Attorney at Law Attorney at Law
Counsel for Robert Burchfield Counsel for Dorothy Burchfield
via email to spoock@juno.com via email to tcsanders76@windstream.net
/S/ Susan C. Norman
Susan C. Norman
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