ACCEPTED
01-14-00027-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
1/13/2015 5:03:02 PM
CHRISTOPHER PRINE
CLERK
No. 01-14-00027-CV
FILED IN
IN THE FIRST COURT OF APPEALS 1st COURT OF APPEALS
HOUSTON, TEXAS
1/13/2015 5:03:02 PM
CHRISTOPHER A. PRINE
TORY HOUSE, ET AL., Clerk
Appellants
v.
THE O’QUINN LAW FIRM, JOHN M. O’QUINN & ASSOCIATES, L.L.P.,
AND T. GERALD TREECE, AS INDEPENDENT EXECUTOR OF
THE ESTATE OF JOHN M. O’QUINN, DECEASED,
Appellees
Appeal from Cause No. 392,247-414
In Probate Court No. 2 of Harris County, Texas
MOTION FOR EXTENSION OF TIME TO FILE
BRIEF OF APPELLEES THE O’QUINN LAW FIRM, JOHN M. O’QUINN
& ASSOCIATES, L.L.P, AND T. GERALD TREECE AS INDEPENDENT
EXECUTOR OF THE ESTATE OF JOHN M. O’QUINN, DECEASED
Levon G. Hovnatanian Dale Jefferson
Texas Bar No. 10059825 Texas Bar No. 10607900
hovnatanian@mdjwlaw.com jefferson@mdjwlaw.com
Bruce E. Ramage Raul H. Suazo
Texas Bar No. 16492500 Texas Bar No. 24003021
ramage@mdjwlaw.com suazo@mdjwlaw.com
MARTIN, DISIERE, JEFFERSON & WISDOM, L.L.P.
808 Travis, 20th Floor
Houston, Texas 77002
(713) 632-1700 – Telephone
(713) 222-0101 – Facsimile
Kenneth R. Breitbeil Norma N. Bennett
Texas Bar No. 02947690 Texas Bar No. 24028492
kbreitbeil@mcfall-law.com nbennett@mcfall-law.com
MCFALL, BREITBEIL & EIDMAN, P.C.
1331 Lamar Street, Suite 1250
Houston, Texas 77010
(713) 590-9300 – Telephone
(713) 590-9399 – Facsimile
TO THE HONORABLE COURT OF APPEALS:
Come now appellees The O’Quinn Law Firm, John M. O’Quinn &
Associates, L.L.P., and T. Gerald Treece, as Independent Executor of The Estate of
John M. O’Quinn, Deceased (“Appellees”), and respectfully move for a 42-day
extension of time to file their brief. The Appellees have requested and received
one previous extension of time (of 30 days) to file their brief.
The current deadline for the Appellees’ brief is Friday, December 19, 2014.
This motion is e-filed on Tuesday, January 13, 2015, and is therefore timely filed.
See TEX. R. APP. P. 38.6(d) (“A motion to extend the time to file a brief may be
filed before or after the date a brief is due.”).
The facts reasonably relied upon to explain the need for a 42-day extension
of time are as follows. First, over the Christmas holidays Appellees’ counsel
Levon Hovnatanian began experiencing excruciating back and leg pain. Mr.
Hovnatanian was taken to an emergency room where his condition was diagnosed
as a herniated disk. He was placed on strong pain medication for several days,
followed up with a neurologist, had an MRI, and is to begin physical therapy when
able. These circumstances have negatively affected the amount of time Mr.
Hovnatanian has been able to spend in the office.
Second, as managing partner of his law firm, Mr. Hovnatanian has been
obligated to undertake and complete pressing end-of-the-year firm administrative
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matters. This year, as in past years, these issues commenced during the late days
of November, continued through the month of December, and will conclude in late
January, 2015.
Third, along with his current physical disorder and seasonal administrative
duties, Mr. Hovnatanian, when able, has performed the following recent legal
work:
1. Mr. Hovnatanian is assisting in preparing the appellant’s reply
brief, due on January 29, 2015, in Cause No. 01-14-00133-CV;
United Services Automobile Association v. Joseph Hayes, Jr.
and Joanne Hayes; in the First Court of Appeals.
2. Mr. Hovnatanian assisted in the filing on January 12, 2015, of
the appellants’ reply brief in Cause No. 01-13-00963-CV;
Medical Discount Pharmacy, L.P., LifeChek Rosenberg GP,
Inc., LifeChek, Inc., and Bruce V. Gingrich, Individually,
Appellants v. State of Texas, Appellee; in the First Court of
Appeals.
3. Mr. Hovnatanian prepared, and, on December 15, 2014, filed
the response to the petition for review on behalf of respondent
Safeco Surplus Lines, in Case No. 14-08442; Mohammed Khan,
Petitioner v. Safeco Surplus Lines, Crawford & Company and
Gary Whightsil, Respondents; in the Supreme Court of Texas.
4. Mr. Hovnatanian assisted in preparing the appellees’ brief in
Cause No. 14-20224; Ambre Bodle, Leslie Meech, Plaintiffs–
Appellants v. TXL Mortgage Corporation, William Dale Couch,
Individually, Defendants–Appellees; in the United States Court
of Appeals for the Fifth Circuit, which was filed with corrections
on December 2, 2014.
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Based on the above, The O’Quinn Law Firm, John M. O’Quinn &
Associates, L.L.P., and T. Gerald Treece, as Independent Executor of The Estate of
John M. O’Quinn, Deceased, respectfully request a 42-day extension of time to file
their brief, that is, to and including Friday, January 30, 2015.
Respectfully submitted,
MARTIN, DISIERE, JEFFERSON & WISDOM,
L.L.P.
By: /s/ Levon G. Hovnatanian
Levon G. Hovnatanian
State Bar No. 10059825
hovnatanian@mdjwlaw.com
Bruce E. Ramage
Texas Bar No. 16492500
ramage@mdjwlaw.com
808 Travis, 20th Floor
Houston, Texas 77002
Telephone: (713) 632-1700
Facsimile: (713) 222-0101
ATTORNEYS FOR T. GERALD TREECE,
AS INDEPENDENT EXECUTOR OF THE
ESTATE OF JOHN M. O’QUINN,
DECEASED
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By: /s/ Kenneth R. Breitbeil
Kenneth R. Breitbeil
Texas Bar No. 02947690
kbreitbeil@mcfall-law.com
Norma N. Bennett
Texas Bar No. 24028492
nbennett@mcfall-law.com
MCFALL, BREITBEIL & EIDMAN, P.C.
1331 Lamar Street, Suite 1250
Houston, Texas 77010
Telephone: (713) 590-9300
Facsimile: (713) 590-9399
ATTORNEYS FOR THE O’QUINN LAW
FIRM AND JOHN M. O’QUINN &
ASSOCIATES, L.L.P.
CERTIFICATE OF CONFERENCE
This is to certify that I attempted to contact Mr. Martin Siegel, counsel for
appellants Tory House, et al., on January 13, 2015, regarding whether he opposes
this motion, but could not reach him.
By: /s/ Levon G. Hovnatanian
Levon G. Hovnatanian
CERTIFICATE OF COMPLIANCE
This is to certify that this computer-generated motion for extension of time
to file brief of appellees contains 518 words.
By: /s/ Levon G. Hovnatanian
Levon G. Hovnatanian
January 13, 2015
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CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing motion for
extension of time to file brief of appellees has been served upon the following
counsel of record via the method(s) indicated on this, the 13th day of January,
2015.
Martin J. Siegel
martin@siegelfirm.com
LAW OFFICES OF MARTIN J. SIEGEL
700 Louisiana Street, Suite 2300
Houston, TX 77002
(via e-Filing and e-mail)
(Attorney for Appellants Tory House, et al.)
Jerry Pusch
pusch@midtownlaw.net
LAW OFFICE OF JERRY PUSCH
2701 Louisiana Street
Houston, TX 77006
(via e-Filing and e-mail)
(Attorney for Appellants Tory House, et al.)
Jim Peacock
jimpeacock@msn.com
LAW OFFICES OF JIM L. PEACOCK
112 East 4th Street
Houston, TX 77007-2502
(via e-Filing and e-mail)
(Attorney for Appellee Abel Manji)
By: /s/ Levon G. Hovnatanian
Levon G. Hovnatanian
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