ACCEPTED
01-14-00872-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
3/17/2015 12:38:42 PM
CHRISTOPHER PRINE
CLERK
NO. 01-14-00872-CV
FILED IN
IN THE COURT OF APPEALS 1st COURT OF APPEALS
HOUSTON, TEXAS
FOR THE FIRST JUDICIAL DISTRICT
3/17/2015 12:38:42 PM
AT HOUSTON, TEXAS CHRISTOPHER A. PRINE
Clerk
Calhoun/Holiday Place, Inc., Artisan/American Corp.,
Vernon Young and Elizabeth Young,
Appellants,
VS.
Wells Fargo Bank, N.A., successor-by-merger to
Wachovia Bank, National Association,
Appellee.
•th
On Appeal from the 55 Judicial District Court of Harris County, Texas
Cause No. 2011-56876
UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE BRIEF OF APPELLANTS
H. Miles Cohn
Texas State Bar No. 04509600
mcohn(g),craincaton.com
Crain, Caton & James, P.C.
1401 McKinney, Suite 1700
Houston, Texas 77010
Telephone: (713) 752-8668
Facsimile: (713) 685-1921
Attorneys for Appellants
UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE BRIEF OF APPELLANTS
Appellants Calhoun/Holiday Place, Inc., Artisan/American Corp., Vernon
Young and Elizabeth Young respectfully ask the Court to extend the time to file
their Appellants' Brief.
1. Appellants are Calhoun/Holiday Place, Inc., Artisan/American Corp.,
Vernon Young and Elizabeth Young. Appellee is Wells Fargo Bank, N.A.,
successor-by-merger to Wachovia Bank National Association ("Wells Fargo").
2. Appellants' brief is due on Sunday, March 22, 2015. No prior
extensions have been obtained.
3. Pursuant to TRAP Rule 38.6(d), Appellants request a 30-day
extension of time to file its brief, to and including Tuesday, April 21, 2015. This
request is unopposed.
4. On March 2, 2015, Appellants filed Defendants' Request for
Supplemental Court Reporter's Record in the district court, because the transcript
of a hearing was inadvertently omitted from the Appellants' initial request for the
record. The missing hearing is an evidentiary hearing on attorney's fees, which the
parties submitted for trial to the court on August 18, 2014; Appellants intent to
raise an issue on appeal with regard to the district court's award of attorney's fees
in this case.
5. The court reporter has informed Appellants that the record of the
attorney's fee hearing will be available in two to three weeks from the date of this
motion. Appellants request a 30-day extension to allow time for the completion of
the reporter's record and to incorporate record citations from the supplemental
reporter's record.
CERTIFICATE OF CONFERENCE
6. Counsel for Appellants has conferred with counsel for
Appellee, and Appellee is unopposed to this Motion.
Wherefore, Appellants Calhoun/Holiday Place, Inc., Artisan/American
Corp., Vernon Young and Elizabeth Young request that the Court extend
the deadline for filing Appellants' Brief to and including April 21, 2015.
Dated: March 17,2015
Respectfully submitted,
CRAIN, CATON & JAMES, P.C.
By : ^Va^Q
H. Miles Cohn
State Bar No. 04509600
mcohn@craincaton.com
Crain, Caton & James, P.C.
1401 McKinney Street, Suite 1700
Houston, Texas 77010
Telephone: (713)752-8668
Facsimile: (713)658-1921
COUNSEL FOR APPELLANTS
CERTIFICATE OF SERVICE
I hereby certify that on this the 17th day of March, 2015, a true and
correct copy of the foregoing was served via ECF as follows:
Steven A. Leyh
Leyh, Payne & Mallia, PLLC
9545 Katy Freeway, Suite 200
Houston, Texas 77024
Counsel for Appellee
David W. Waddell
440 Louisiana St., Suite 900
Houston, Texas 77002
Counsel for Appellee
H. Miles Cohn