Nemer Massaad v. Wells Fargo Bank National Association as Trustee for Option One Mortgage Loan Trust 2006-3, Asset Backed Certificates, Series 2006-3 ( 2015 )

ACCEPTED 03-14-00202-CV 5032109 THIRD COURT OF APPEALS AUSTIN, TEXAS 4/24/2015 5:37:02 PM JEFFREY D. KYLE CLERK No.03-14-00202-CV FILED IN IN THE COURT OF APPEALS 3rd COURT OF APPEALS AUSTIN, TEXAS THE THIRD DISTRICT OF TEXAS 4/24/2015 5:37:02 PM AUSTIN TEXAS JEFFREY D. KYLE Clerk NEMER MASSAAD, and all other OCCUPANTS Appellant V. WELLS FARGO BANK NATIONAL ASSOCIATION AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2006-3, ASSET BACKED CERTIFICATES, SERIES 2006-3 Appellee. Appeal from the County Court at Law Number One Travis County, Texas Trial Court Case No. C-I-CV-14-000401 Hon. Joe Carroll, presiding MOTION TO ALLOW APPELLANT'S BRIEF TO EXCEED WORD COUNT Appellant's Motion to Exceed Word Count Page 1 TO THE HONORABLE COURT OF APPEALS: COMES NOW APPELLANT, NEMER MASSAAD, and files this Motion to Allow Appellant's Brief to Exceed Word Count, and respectfully shows the following: 1. Concurrently with this Motion, Appellant filed his Motion for Rehearing en bane. 2. Appellant's Motion for Rehearing en bane is approximately 5,202 words, excluding the parts of the brief exempted by Tex.R.App.P. 9.4(i)(2)(D). A motion for rehearing may typically not exceed 4,500 words. 3. It order to adequately address the Court's original holding and the Appellee's Brief, it was necessary to exceed the word count as stated. 4. Appellant respectfully requests the Court to accept the Motion for Rehearing. WHEREFORE, PREMISES CONSIDERED, Appellant prays this Court grant his Motion to Allow Appellant's Brief to Exceed Word Count. Respectfully submitted, By: /s/ James Minerve James Minerve State Bar No. 24008692 115 Saddle Blanket Trial Buda, Texas 78610 (210) 336-5867 Appellant's Motion to Exceed Word Count Page 2 (888) 230-6397 (Fax) Attorney for Appellant, Nemer Massaad CERTIFICATE OF CONFERENCE On April 23, 2015, the undersigned counsel for Appellant attempted to Communicate with counsel for Appellee, Mark Cronenwett, concernmg the foregoing Motion. Mr. Cronenwett did not consent nor oppose. /s/ James Minerve James Minerve CERTIFICATE OF SERVICE I hereby certify that on this 24th day of April, 2015, a true and correct copy of the above and foregoing document was sent via Efile.txcourts.gov electronic filing notification system and via facsimile transmittal to the parties of record listed below: Philip Danaher Mark D. Cronenwett Mackie Wolf Zientz & Mann, PC 14160 North Dallas Parkway Parkway Office Center, Suite 900 Dallas, Texas 75254 s/s/ James Minerve James Minerve Appellant's Motion to Exceed Word Count Page 3