CFM Development, LLC v. Oil Well Buyers Corporation and Eugene A. Smitherman ( 2015 )

ACCEPTED
14-15-00296-CV
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
5/20/2015 4:10:43 PM
CHRISTOPHER PRINE
CLERK
NO. 14-15-00296-CV
FILED IN
14th COURT OF APPEALS
HOUSTON, TEXAS
5/20/2015 4:10:43 PM
IN THE FOURTEENTH COURT OF APPEALS
CHRISTOPHER A. PRINE
Clerk
CFM DEVELOPMENT, LLC,
Appellant,
v.
DELTON DRUM, et al.,
Appellees.
Appealed from the 253rd Judicial District
Liberty County, Texas
Trial Court Cause No. CV71357
APPELLANT’S UNOPPOSED FIRST MOTION FOR EXTENSION
OF TIME TO FILE APPELLANT’S BRIEF
______________________________________________
Appellant, CFM Development, LLC, files this First Motion for Extension of
Time to File Appellant’s Brief and would respectfully show:
I. INTRODUCTION
1. This is an appeal from a jury trial.
2. Appellant’s Brief is currently due May 28, 2015.
3. Appellant has neither sought nor received any extensions.
4. Appellant requests a 30-day extension to file its brief, or up and
including June 29, 2015.
II. BASES FOR EXTENSION
5. In addition to attempting to review the record and adequately brief the
issues in this case, Mr. Moore:
* Prepared and filed a brief on April 24, 2015, in No.
6:14-cv-00419-WSS, Jerry W. Scarbrough v. Helen Purser, et al., in the
United States District Court Western District of Texas Waco Division.
That is an appeal from an adversarial proceeding, which included nine
days of trial testimony before the bankruptcy court, a multitude of
exhibits, as well as the introduction of the reporter's record (16 volumes)
from a state-court trial that resulted in the adverse judgment sought to
be discharged. Because of the nature and size of the record in that case,
Mr. Moore could not complete and file that brief early and begin
working on this appeal;
* Prepared and filed a brief on the merits in the Texas Supreme Court on
May 13, 2015, in No. 14-0584, Christa Shelley v. CHCA West Houston,
L.P. d/b/a West Houston Medical Center;
* Prepared and filed a trial brief and then appeared at and argued a
significant pretrial matter on May 15, 2015, in No. 2013-45326, Kenneth
Thorns v. Chevron Phillips Chemical Company, LLC, in the 270th
Judicial District Court, Harris County, Texas, in a case that was set for
trial on May 18th on a two-week trial docket; and
* Is preparing a brief in No. 14-14-00664-CV; In the Guardianship of
John D. Burley, An Incapacitated Person, in the Fourteenth Court of
Appeals, which is due June 1, 2015, and in a case in which the Court has
already granted two extension for lead appellate counsel (not Mr.
Moore).
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III. PRAYER
6. Therefore, counsel asks that the Court grant this request and extend the
time for appellant to file its brief up to and including June 29, 2015.
Respectfully submitted,
/s/ Daryl L. Moore
Daryl L. Moore (14324720)
DARYL L. MOORE, P.C.
1005 Heights Boulevard
Houston, Texas 77008
713.529.0048 Telephone
713.529.2498 Facsimile
daryl@heightslaw.com
Etta Davidson (07495750)
LAW OFFICE OF FREDERICK L. MCGUIRE
2500 E TC Jester Blvd, Ste 285
Houston, Texas 77008
713.956.9646 Telephone
713.956.9695 Facsimile
Counsel for Appellant, CFM Development,
LLC
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CERTIFICATE OF CONFERENCE
I, Daryl L. Moore, certify that I conferred with opposing counsel for appellees
to determine whether they oppose this request. Mr. Richard Baker, counsel for
appellees, does not oppose this request.
/s/ Daryl L. Moore
Daryl L. Moore
CERTIFICATE OF SERVICE
On May 20, 2015, I sent a true and correct copy of this First Motion for
Extension via E-service to the following:
Richard Baker
BAKER & ZBRANEK
1935 Trinity
P.O. Box 10066
Liberty, Texas 77575
bzlaw@imsday.com
Counsel for Appellees
Oil Well Buyers Corporation and Eugene A. Smitherman
Ron Norwood
THE NORWOOD LAW FIRM
517 Travis St, Suite 300
Liberty, Texas 77575
936.334-1118 Facsimile
Counsel for Delton Drum, et al.
/s/ Daryl L. Moore
Daryl L. Moore
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CERTIFICATE OF COMPLIANCE
Relying on the word count function in the word processing software used to
produce this document, I certify that the number of words in this motion, excluding
the parts listed in TRAP Rule 9.4(i)(1), is 369.
This motion complies with the typeface requirements of TRAP 9.4(e) because
it uses a conventional typeface no smaller than 14-point (WordPerfect X6 14-point
Times New Roman).
/s/ Daryl L. Moore
Daryl L. Moore
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