ACCEPTED
12-14-00212-CV
TWELFTH COURT OF APPEALS
TYLER, TEXAS
2/5/2015 10:48:35 AM
CATHY LUSK
CLERK
CAUSE NO. 12-14-00212-CV
IN THE TWELFTH COURT OF APPEALS FILED IN
TYLER, STATE OF TEXAS 12th COURT OF APPEALS
TYLER, TEXAS
2/5/2015 10:48:35 AM
CATHY S. LUSK
ROBERT ROBINSON, § Clerk
Appellant, §
§
v. § Cause No. 12-14-00212-CV
§
WELLS FARGO BANK, N.A., §
Appellee. §
Appeal from the County Court at Law of Cherokee County, Texas
Trial Court Cause No. CV 9282
APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF
Melissa A. McKinney
BARRETT DAFFIN FRAPPIER
TURNER & ENGEL, LLP
State Bar No. 24041451
melissmc@bdfgroup.com
15000 Surveyor Blvd., Suite 100
Addison, Texas 75001
(972) 341-0995 (Telephone)
(972) 341-0734 (Facsimile)
ATTORNEYS FOR APPELLEE
CAUSE NO. 12-14-00212-CV
IN THE TWELFTH COURT OF APPEALS
TYLER, STATE OF TEXAS
ROBERT ROBINSON, §
Appellant, §
§
v. § Cause No. 12-14-00212-CV
§
WELLS FARGO BANK, N.A., §
Appellee. §
APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF
To the Honorable Court:
Appellee requetst that the Court extend time for filing of its brief under
Rules of Appellate Procedure 10.5(b), 38.6(d), and all other applicable Rules, and
in support of this motion would show:
1. Due date of Brief. According to the Court's website, Appellee's Brief
was designated as "not filed" January 20,2015. Appellant hereby seeks to have the
due date of its brief extended to February 5,2015.
2. Extension of Time Sought: Appellee has not sought a prevlOus
extension of time to file its brief and asks the Court to grant it an extension of time.
Appellee is contemporaneously filing its Brief with this Motion. Appellee
counsels' records show that Appellant's Brief was imaged into their electronic file
APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF Page 1
on December 31, 2014 at 5:31 pm. However, based on the Certificate of Service
incorporated into Appellant's Brief, counsel believes the Brief was received
sometime before December 31,2014. At the time Appellant's Brief was scanned
into Appellee's electronic file, there was no supporting calendar entry to ensure
any deadlines were reviewed or determined. During the month of January,
Appellee's Counsel had multiple trial settings and hearings that delayed reviewing
the Court's calendar to calculate the deadline from the time of Appellant's Brief.
The extension of time should not prejudice Appellant as it does not hamper any
responsive Brief.
3. Prayer: F or these reasons, Appellee requests the Court grant an
extension of time until February 5,2015 to file its Brief.
Respectfully submitted,
BARRETT DAFFIN FRAPPIER
TURNER & ENGEL, LLP
/s/ Melissa A. McKinney
Melissa A. McKinney
State Bar No. 24041451
melissmc@mhalegalservices.com
15000 Surveyor Boulevard, Suite 100
Addison, Texas 75001
972-341-0955 (Telephone)
972-341-0734 (Fax)
ATTORNEYS FOR APPELLEE
APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF Page 2
CERTIFICATE OF CONFERENCE
I hereby certify that I attempted to confer with Appellant Robert Robinson
during the afternoon of January 29, 2015. However, during each attempt to call
Appellant, the phone line rang as a fast busy signal. Therefore, this Motion is
being presented to the Court as opposed.
Additionally, when Appellee's Counsel attempted to confer with Appellant
Robert Robinson regarding a prior Motion, Counsel also received a fast busy
signal. Appellee's Counsel will attempt to confirm if there is an issue with
Counsel's telephone system that is causing an issue with contacting Appellant and
supplement if any information is gathered.
/s/ Melissa A. McKinney
Melissa A. McKinney
CERTIFICATE OF SERVICE
On this 5th day of January 2015, a true and correct copy of Appellee's Brief
was served upon Appellants' counsel in accordance with the provision of the Texas
Rules of Appellate Procedure.
"iaC~#71969008911503136496
Robert Robinson
16897 Pine Lane
Flint, Texas 75762
/s/ Melissa A. McKinney
Melissa A. McKinney
APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF Page 3