ACCEPTED
01-14-00539-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
2/27/2015 3:47:31 PM
CHRISTOPHER PRINE
CLERK
NO. 01-14-00539-CV
___________________________________________________________
FILED IN
COURT OF APPEALS 1st COURT OF APPEALS
HOUSTON, TEXAS
FIRST JUDICIAL DISTRICT 2/27/2015 3:47:31 PM
HOUSTON, TEXAS CHRISTOPHER A. PRINE
_________________________________________________________
Clerk
HOANG-YEN THI DANG,
Appellant,
VS.
JIMMY TRAN,
Appellee,
________________________________________________________
JOINT MOTION FOR EXTENSION OF TIME TO FILE BRIEF
________________________________________________________
Appealed from the 309th Judicial District Court
Harris County, Texas
Cause No. 2010-48243
___________________________________________________________
FLOWERS & FRANKFORT,
ATTORNEYS AT LAW
TODD FRANKFORT
State Bar No. 00790711
RICHARD L. FLOWERS, JR.
State Bar No. 07180500
5020 Montrose Boulevard, Suite 700
Houston, Texas 77006
Telephone 713/654-1415
Facsimile 713/654-9898
Service email: service@rflowerslaw.com
ATTORNEYS FOR APPELLANT,
HOANG-YEN THI DANG
NO. 01-14-00539-CV
_____________________________________________________________________
COURT OF APPEALS
FIRST JUDICIAL DISTRICT
HOUSTON, TEXAS
HOANG-YEN THI DANG,
Appellant,
VS.
JIMMY TRAN,
Appellee,
JOINT MOTION FOR EXTENSION
OF TIME TO FILE BRIEF
_____________________________________________________________________
Appealed from the 309th Judicial District Court
Harris County, Texas
Cause No. 2010-48243
TO THE HONORABLE COURT OF APPEALS:
Pursuant to Rule 38.6, and 10.5(b)(1) TRAP, Appellant, Hoang Yen Thi-Dang, and
Conditional Cross-Appellant/Appellee, Jimmy Tran, file this Joint Motion for Extension of Time to
File Brief (this “Motion”) and as grounds would respectfully show the following:
1. In accordance with the rules of this Court, it has been determined that the
Appellant’s brief would be due on or before Friday, February 27, 2015.
2. The Reporter’s Record in this case was submitted to this Court on January 29, 2015
and received by Appellant on February 4, 2015. The record was nearly 7,000 pages long and
contained 23 volumes of testimony.
Joint Motion for Extension Page 1 of 3
3. Appellant respectfully requests an extension of the February 27th deadline to file her
brief in this matter so that her counsel may have time to review the record such that Appellant’s
brief will be due on June 8, 2015.
4. Conditional Cross-Appellant/Appellee, Jimmy Tran, joins in this Motion, and moves
that his deadline to file a brief as Conditional Cross-Appellant be set on the same date as his
deadline to file a brief as Appellee, and requests that such brief be due on July 13, 2015.
5. This is both Appellant’s and Appellee’s first request for an extension of time to file
briefs in this matter.
6. This cause had not been set for submission at the time of filing this motion.
7. This extension is not requested for mere delay but so that justice may be fully served.
For these reasons, Appellant, Hoang Yen Thi-Dang, and Conditional Cross-
Appellant/Appellee, Jimmy Tran, pray that this Court grant their requests as set forth above.
Respectfully submitted,
FLOWERS & FRANKFORT,
ATTORNEYS AT LAW
By: / s / Todd Frankfort
TODD FRANKFORT
State Bar number 00790711
RICHARD L. FLOWERS, JR.
State Bar number 07180500
5020 Montrose Boulevard, Suite 700
Houston, Texas 77006
Telephone 713/654-1415
Facsimile 713/654-9898
Service email: service@rflowerslaw.com
ATTORNEYS FOR APPELLANT
HOANG-YEN THI DANG
Joint Motion for Extension Page 2 of 3
/s/ Matthew Muller
Matthew Muller
State Bar No. 14648450
1445 North Loop West, Ste. 760
Houston, Texas 77008
Tel: (713) 227-1888
Fax: (713) 227-1881
Email: matthewmullerpc@gmail.com
CERTIFICATE OF CONFERENCE
Pursuant to Rule 10(a)(5) of the Texas Rules of Appellate Procedure, I hereby certify that on
February 24, 2015, I, Todd Frankfort conferred with Matthew Muller, Attorney for Jimmy Tran, and
was able to reach an agreement. Additionally, I heard, by email, from Keryl Douglas, Attorney for
Tan Duc Construction, who indicated that she was unopposed, in principal, to this Motion, but did
not hear back from her regarding the specific deadlines set forth therein.
/ s / Todd Frankfort
TODD M. FRANKFORT
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing document has been delivered
or forwarded to all counsel of record and/or pro se litigants as listed below, [ ] by personal
delivery or receipted delivery service, or [ ] by certified or registered mail, return receipt
requested, by depositing the same, postpaid, in an official deposit under the care and custody of the
United States Postal Service, or [ ] by facsimile to the recipient's facsimile number identified
below, or [ X ] by e-service to the recipient’s email address identified below and the electronic
transmission was reported as complete, on this the 27th day of February, 2015, in accordance with
the Texas Rules of Appellate Procedure:
Keryl Douglas
3730 Kirby Drive, Suite 1200
Houston, TX 77098
Fax: 713-589-6825
E-mail: kerylldouglas@gmail.com
/ s / Todd Frankfort
TODD FRANKFORT
Joint Motion for Extension Page 3 of 3