Perry D. Felix D/B/A Han's Laser Technology Co. v. Prosperity Bank

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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