ACCEPTED
01-14-00997-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
2/20/2015 1:18:33 PM
CHRISTOPHER PRINE
CLERK
N O . 01-14-00997-CV
FILED IN
In the First Court of Appeals 1st COURT OF APPEALS
HOUSTON, TEXAS
Houston, Texas 2/20/2015 1:18:33 PM
CHRISTOPHER A. PRINE
Clerk
Perry D. Felix d/b/a Han's Laser Technology Co., Appellant
v.
Prosperity Bank, Appellee
From the 164th District Court, Harris County, Texas
Cause No. 2013-50191
JOINT MOTION TO EXTEND TIME TO FILE
APPELLANT’S AND CROSS-APPELLANT’S BRIEF
Appellant Perry D. Felix d/b/a Han's Laser Technology Co. (“Felix”)
and Cross-Appellant Prosperity Bank (“Prosperity”) file this Joint Motion
for Extension of Time to File Appellant’s and Cross-Appellant’s Briefs
pursuant to TRAP 38.6 and TRAP 10.5 (b), and would respectfully show the
Court the following:
1. Appellant’s and Cross-Appellant’s Briefs are calendared as due on
February 23, 2015. No previous extensions have been requested.
2. This motion is not brought for purpose of delay, rather that
justice may be done.
20090252.20140460/2089744.1
3. Specifically, the original clerk’s record was filed January 22, 2015.
Prosperity requested a supplemental clerk’s record on January 29, 2015 and a
second supplemental clerk’s record on January 30, 2015. We have been
informed by the district clerk that such record(s) will not be available until
March 2, 2015. Accordingly, the parties ask the Court’s indulgence to afford
the district clerk adequate time to supplement the record.
4. Based on the foregoing and in the interest of justice, the
undersigned ask the Court for an extension time of at least 30 days for filing
their respective Appellant’s and Cross-Appellant’s Briefs.
WHEREFORE, Appellant Perry D. Felix d/b/a Han's Laser Technology
Co. and Cross-Appellant Prosperity Bank respectfully request that the Court
grant this motion and extend for 30 days or such other period as the Court
may determine the time for the filing of Appellant’s and Cross-Appellant’s
Briefs.
20090252.20140460/2089744.1
2
Respectfully submitted,
HIRSCH & WESTHEIMER, P.C.
By: /s/ Michael D. Conner
Michael D. Conner
State Bar No. 04688650
E-mail: mconner@hirschwest.com
William “Pat” Huttenbach
State Bar No. 24002330
E-mail: phuttenbach@hirschwest.com
Jacob M. Stephens
State Bar No. 24066143
E-mail: jstephens@hirschwest.com
1415 Louisiana, 36th Floor
Houston, Texas 77002
Telephone: (713) 220-9162
Facsimile: (713) 223-9319
ATTORNEYS FOR
APPELLEE/CROSS-APPELLANT,
PROSPERITY BANK
By: /s/ J. Steven Stewart (by permission)
J. Steven Stewart
State Bar No: 19210500
5353 West Alabama, Suite 605
Houston, Texas 77056
Telephone: (713) 977-3447
Facsimile: (832) 201- 9117
E-mail: jss@jstevenstewart.com
ATTORNEY FOR APPELLANT
PERRY D. FELIX D/B/A HAN'S
LASER TECHNOLOGY CO.
20090252.20140460/2089744.1
3
CERTIFICATE OF CONFERENCE
On February 12, 2015, I spoke with Mr. J. Steven Stewart, counsel for
Appellant, who agreed to join this motion.
/s/ Michael D. Conner
Michael D. Conner
CERTIFICATE OF COMPLIANCE
I do hereby certify that this document complies with the typeface
requirements of Tex. R. App. P. 9.4(e) because it has been prepared in a
proportionally spaced typeface using Microsoft Word 2013 in 14 point
Goudy Old Style font.
/s/ Michael D. Conner
Michael D. Conner
CERTIFICATE OF SERVICE
On the 20th day of February, 2015, the foregoing document was
served pursuant to Rule 21a of the Texas Rules of Civil Procedure
as indicated below:
J. Steven Stewart
5353 West Alabama, Suite 605
Houston, Texas 77056
E-mail: jss@jstevenstewart.com
Via E-Service
/s/ Michael D. Conner
Michael D. Conner
20090252.20140460/2089744.1
4