DocketNumber： 03-15-00667-CV
Filed Date： 12/4/2015
Status： Precedential
Modified Date： 9/30/2016
ACCEPTED 03-15-00667-CV 8103311 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/4/2015 4:53:23 PM JEFFREY D. KYLE CLERK No. 03-15-00667-CV IN THE COURT OF APPEALS FILED IN THIRD DISTRICT OF TEXAS 3rd COURT OF APPEALS AUSTIN, TEXAS AT AUSTIN 12/4/2015 4:53:23 PM ________________________________________________________________________ JEFFREY D. KYLE Clerk NASIM IQBAL, TEJ IQBAL, AND/OR OCCUPANTS OF 2503 PADEN CIRCLE, CEDAR PARK, TEXAS 78613 Appellants v. FEDERAL NATIONAL MORTGAGE ASSOCIATION, Appellee ________________________________________________________________________ On Appeal from the County Court at Law No. 4 of Williamson County, Texas Cause No. 15-0444-CC4 ________________________________________________________________________ APPELLANT’S MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF ________________________________________________________________________ TO THE HONORABLE COURT: COMES NOW the Appellants, Nasim Iqbal, Tej Iqbal, and/or Occupants of 2503 Paden Circle, Cedar Park, Texas 78613 (“The Iqbals”), and file this their Motion for Extension of Time to File Appellant’s Brief, and in support thereof would show the court as follows: 1. This case is an appeal from a final judgment in the County Court at Law No. 4 of Williamson County, Texas. The Iqbals are the appellants. Federal National Mortgage Association is the appellee. 1 2. The clerk’s record in this case was filed on November 2, 2015, and the reporter’s record in this case was filed on November 30, 2015. Under the current briefing schedule, The Iqbals’ brief is due on Wednesday, December 30, 2015. TEX. R. APP. P. 38.6(a). 3. Lead Counsel for appellant, Mr. Scott Placek, will be out of the office in December due to an illness in his family and the Christmas holidays. Due to that travel, Mr. Placek requires more time to review the clerk’s record and reporter’s record in this case and prepare the appellant’s brief. 4. Counsel for appellant was retained by the Iqbals on October 16, 2015, less than a week before their notice of appeal was due in this Court. The county court did not provide counsel with the reporter’s record until it was filed in this Court on November 30, 2015. As a result, counsel requires more time to review the clerk’s record and reporter’s record in this case and prepare the appellant’s brief. 5. The Iqbals ask that this Court grant a 30-day extension to file their appellant’s brief. The Iqbals’ appellant’s brief would be due by Friday, January 29, 2016. 6. The Iqbals have not previously requested a modification to the briefing schedule in this matter. 7. The Iqbals’ requested modification is for good cause, is not sought solely for the purposes of delay, and is sought to promote judicial efficiency. 8. Counsel for appellee Federal National Mortgage Association was contacted by counsel for The Iqbals but did not state whether they opposed the motion. 2 WHEREFORE, PREMISES CONSIDERED, The Iqbals respectfully request that this Court grant this Motion for Extension of Time to File Appellant’s Brief and extend the deadline for The Iqbals to file their brief to January 29, 2016. Respectfully Submitted, ARNOLD & PLACEK, P.C. 203 East Main Street, Suite 201 Round Rock, Texas 78664 Telephone:(512) 341-7044 Facsimile:(512) 341-7921 By: _/s/ Jonathan Chaltain______ R. SCOTT PLACEK State Bar No. 00784769 splacek@arnoldplacek.com SCOTT K. ARNOLD State Bar No. 00785669 sarnold@arnoldplacek.com JONATHAN CHALTAIN State Bar No. 24079787 jchaltain@arnoldplacek.com ATTORNEYS FOR APPELLANT NASIM IQBAL, TEJ IQBAL, AND/OR OCCUPANTS OF 2503 PADEN CIRCLE, CEDAR PARK, TEXAS 76813 3 CERTIFICATE OF CONFERENCE I hereby certify that I reasonably attempted to confer with appellee’s counsel but did not receive a response as to whether the motion is opposed. _/s/ Jonathan Chaltain________ Jonathan Chaltain 4 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing document has been forwarded to the following Appellee’s attorneys of record by facsimile and e-service on this 4th day of December, 2015. Jeffry B. Lewis VIA FACSIMILE AND E-SERVICE Robertson Anshutz Vetters 10333 Richmond Avenue, Suite 550 Houston Texas 77042 Facsimile: (713) 888-2703 jlewis@ravdocs.com Brian P. Casey VIA FACSIMILE AND E-SERVICE Douglas G. Dent 6836 Bee Caves Rd Bldg 3, Suite 303 Austin, Texas 78746 Facsimile: (888) 530-9616 bcasey@caseylawtx.com _/s/ Jonathan Chaltain__________ Jonathan Chaltain 5