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Mike E. Deubler v. the Bank of New York Mellon as Successor Trustee Under Novastar Mortgage Funding Trust 2005-1, and Saxon Mortgage Services, Inc. ( 2015 )


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  •                                                                                                ACCEPTED
    07-13-00221-CV
    SEVENTH COURT OF APPEALS
    AMARILLO, TEXAS
    7/15/2015 10:37:42 PM
    Vivian Long, Clerk
    No. 07-13-221-CV
    FILED IN
    Mike E. Deubler                            §                      7th Court
    In the  COURT of
    OFAppeals
    APPEALS
    AMARILLO, TEXAS
    Appellant,                            §
    7/15/2015 10:37:42 PM
    §
    VIVIAN LONG
    v.                                         §                              CLERK
    §
    The Bank of New York Mellon as             §
    Successor Trustee Under Novastar           §
    Mortgage Funding Trust 2005-1, and         §
    Saxon Mortgage Services, Inc.,             §
    Appellees                            §                Seventh District of Texas
    Appellant’s Motion to
    Extend Time to File Motion for Rehearing
    To the Honorable Court:
    Appellant, Mike E. Deubler, requests that the Court extend time for filing of
    his Motion for Rehearing as to the opinion herein of June 15, 2015 (“Opinion”) under
    Rules of Appellate Procedure 10.5(b), 49.1, 49.8 and all other applicable Rules, and
    in support of this motion show:
    1.      Regular Time for Motion for Rehearing. A Motion for Rehearing would
    have been regularly due by June 30, 2015. This Motion for Extension of Time is timely,
    since the thirtieth day after June 15, 2015 is today, July 15, 2015.
    2.      Necessary Extension of Time. Appellant asks that the Court grant him
    an extension for filing of Appellant’s Motion for Rehearing from June 30, 2015 until
    APPELLANT’S MOTION TO EXTEND
    TIME TO FILE MOTION FOR REHEARING
    today, July 15, 2015, the last day by rule for seeking reconsideration, in order that it
    may be deemed timely made. Much of counsel’s available time in the weeks following
    June 15, 2015 was occupied with preparation of filings to seek to prevent foreclosures
    for the July 6, 2015 sale date, replies to extensive discovery and dispositive motions
    and various other deadline filings. From approximately a month before the issuance
    of the opinion through a week after issuance, Appellant’s counsel was without his
    computer on five different occasions for multiple days, due to numerous software problems
    that rendered the computer almost completely non-functional; repairs required multiple
    attempts by two different sets of experts to resolve. In the month since the Opinion,
    counsel was also required to attend the out-of-town funeral of a family member, expend
    days not normally required working on bonding of an appeal, complete briefing in another
    court of appeals, while also attending to arranging medical care and treatment and
    consulting with physicians in the care of his elderly mother, for whose care counsel
    is solely responsible. Appellant has sought no previous extension of time regarding
    the filing of a Motion for Rehearing.
    3.      Prayer. For these reasons, your Appellant requests that the Court:
    (A)     grant an extension of the time to file Appellant’s Motion for
    Rehearing until July 15, 2015; and
    (B)     grant Appellant such other and further relief to which he may be
    APPELLANT’S MOTION TO EXTEND
    TIME TO FILE MOTION FOR REHEARING            2
    entitled or is in the interest of justice.
    Respectfully submitted,
    /s/ Michael Brinkley
    _____________________________________
    Michael Brinkley
    State Bar No. 03004300
    BRINKLEY LAW PLLC
    P. O. Box 820711
    Fort Worth, Texas 76182-0711
    (817) 284-3535; fax (888) 511-0946
    michael@brinkleypllc.com
    Attorney for Appellant
    Certificate Regarding Conference
    The undersigned appellant’s counsel conferred by telephone and email today,
    July 15, 2015, with counsel for appellee, Elizabeth Duffy, and was advised that Appellee
    is opposed to the relief requested.
    /s/ Michael Brinkley
    __________________________________
    Michael Brinkley
    Attorney for Appellant
    APPELLANT’S MOTION TO EXTEND
    TIME TO FILE MOTION FOR REHEARING               3
    Certificate of Service. I certify that a true and correct copy of the foregoing has been
    served on the following counsel and/or pro se parties of record, in accordance with
    Texas Rule of Appellate Procedure 9.5, on the date shown:
    Robert T. Mowrey
    Elizabeth K. Duffy
    Matthew H. Davis
    LOCKE LORD LLP
    2200 Ross St., Suite 2000
    Dallas, Texas 75201
    (214) 740-8000, fax (214) 740-8800
    Attorneys for Appellee.
    Dated: July 15, 2015.
    /s/ Michael Brinkley
    _____________________________________
    Michael Brinkley
    APPELLANT’S MOTION TO EXTEND
    TIME TO FILE MOTION FOR REHEARING          4
    

Document Info

Docket Number: 07-13-00221-CV

Filed Date: 7/15/2015

Precedential Status: Precedential

Modified Date: 9/29/2016