Tokes Adleye v. Magaret Modupe Driscal ( 2015 )

ACCEPTED
14-14-00822-CV
FOURTEENTH COURT OF APPEALS
IN THE FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS
5/6/2015 6:07:00 PM
HOUSTON, TEXAS CHRISTOPHER PRINE
CLERK
310THJUDICIAL DISTRICT COURT NO. 2013-66224
APPEAL NO.: 14-14-00822-CV FILED IN
14th COURT OF APPEALS
HOUSTON, TEXAS
5/6/2015 6:07:00 PM
TOKES TOSIN ADLEYE, CHRISTOPHER A. PRINE
Clerk
Respondent!Appellant
v.
MARGARET MODUPE DRISCAL,
Petitioner!Appellee
ON APPEAL FROM THE 310TI-I JUDICIAL DISTRICT COURT,
HARRIS COUNTY, TEXAS
APPELLEE'S OPPOSED MOTION FOR EXTENTION OF TIME TO FILE
APPELLEE'S REPLY BRIEF
Respectfully submitted,
~4~6&~f04``
THEODORE HA YNE~
Attomey for Petitioner!Appellee
Texas Bar No. 00787665
P.O. Box 300833
Houston, Texas 77230-0833
Telephone: (713) 660-7646
Telecopier: (713) 660-0203
E-mail: thaynesjr@prodigy.net
1
TO THE HONORABLE COURT OF APPEALS:
Pursuant to rules 38.6(d) and 10.5(b) of the Texas Rules of Appellate
Procedure, Petitioner!Appellee, MARGARET MODUPE DRlSCAL, (hereinafter
"Driscal"), files this Motion for Extension of Time to File Appellee's Reply Brief.
Driscal respectfully shows:
1.
This is an appeal from an October 9, 2014, granting of a Final Decree of
Divorce, signed by the Honorable Judge, of the 3 10TH Judicial District Court, Harris
County, Texas, in Cause No. 2013-66224, in the case styled, In the Matter of the
Marriage ofMargaret Modupe Driscal and Tokes Tosin Adeleye.
II.
Driscal requests a ninety-day extension oftime for filing their Appellee's reply
brief, thus creating a new due date of AUGUST 7, 2015. This is Driscal's first
motion for extension of time to file the Appellants' brief. Because this case has not
yet been set for submission, no unnecessary delay will result with the granting of this
extension.
2
Ill.
Driscal relies on the following facts to reasonably explain her need for her first
extension.
1. Attorney of record for Petitioner!Appellee, THEODORE HAYNES, JR.,
received the Appellant's Brief of the Merits, on April 6, 2015, and did not have
adequate time to prepare a meritorious defense on behalf of Petitioner/Appellee. The
Appellant's Brief of the Merits is extremely lengthy and numbers one hundred and
three (103) pages. Attorney of Record for Petitioner/Appellee did not have adequate
time to use due diligence to locate, gather, organize and evaluate critical evidence.
2. The transcript was not received by the attorney of record for
Petitioner/Appellee, THEODORE HAYNES, JR., until APRIL 15,2015.
3. This motion IS for good cause and will not delay or prejudice the
Respondent!Appellant.
4. The parties disagree and this motion is opposed.
3
RELIEF
Petitioner/Appellee respectfully request that the Honorable Court of Appeals
grant a ninety-day extension for the filing of the Appellee's reply brief, thus creating
a new due date of AUGUST 7, 2015. Driscal further request all other appropriate
reliefto which she may be entitled.
Dated MAY 6, 2015.
Respectfully submitted,
``q ~
THEODORE HAYNES, JR.
Attorney for Petitioner!Appellee
Texas Bar No. 00787665
P.O. Box 300833
Houston, Texas 77230-0833
Telephone: (713) 660-7646
Telecopier: (713) 660-0203
E-mail: thaynesjr@prodigy.net
CERTIFICATE OF CONFERENCE
I THEODORE HAYNES, JR., Attorney of Record for Petitioner!Appellee,
hereby certifY that I made a good faith effort to determine if the Appellee' s Opposed
Motion for Extension of time to File Appellee's Reply Brief could be reconciled and
settled in an uncontested proceeding with an agreed order. We have been unable to
reach an agreement because Respondent/Appellant Pro Se, Tokes Tosin Adeleye,
opposes the motion.
SIGNED this ~ T14- day of _ _ ~
_-n-_ _ _' 20 (5.
~ 1Vf(. ·~>
Theodore Haynes, Jr. ~
Attorney for Petitioner!Appellee
4
CERTIFICATE OF SERVICE
I hereby certifY that a true and correct copy of the above Petitioner/Appellee's
Opposed Motion for Extension of Time has been sent by facsimile and certified mail
by depositing it enclosed in a postpaid, properly addressed wrapper in a post office or
official depository under the care and custody of the United States Postal Service to
Mr. Tokes Tosin Adeleye, 7091 Glen Cove Lane, Stone Mountain, Georgia 30087,
Respondent!Appellant Pro Se.
SIGNED this G1
m- day of_~_--f...-_ _ _ _' 20 / C;
````
Theodore Haynes, Jr.
Attorney for Petitioner/Appellee
5
VERIFICATION
STATE OF TEXAS §
COUNTY OF HARRIS §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
THEODORE HAYNES, JR., who being by me duly sworn on his oath deposed and
said that he is the Attorney of Record for Petitioner!Appellee in the above-entitled
and numbered cause; that he has read the above and foregoing; and that every
statement contained therein is within his personal knowledge and true and correct.
;t£!/ J£,
SUBSCRIBED AND SWORN TO BEFORE ME on the
,20 to certify which witness my hand and official seal.
Gh-. day of
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~gnature
- /o``C57V
(Notary's typed or
printed name)
My commission expires:_-+/,-t!_- _ "L--1-'--
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