ACCEPTED
01-14-00931-cv
FIRST COURT OF APPEALS
HOUSTON, TEXAS
4/1/2015 12:26:32 PM
CHRISTOPHER PRINE
CLERK
01-14-00931-CV
FILED IN
1st COURT OF APPEALS
IN THE COURT OF APPEALS HOUSTON, TEXAS
4/1/2015 12:26:32 PM
FOR THE FIRST DISTRICT OF TEXAS CHRISTOPHER A. PRINE
HOUSTON, TEXAS Clerk
COUNTRY TITLE, L.L.C.
Appellant
v.
MORENIKE JAIYEOBA
Appellee.
APPELLANT’S FIRST MOTION TO EXTEND TIME
TO FILE APPELLANT’S BRIEF
TO THE HONORABLE COURT OF APPEALS,
Appellant, Country Title L.L.C. (“Country Title”) file this First Motion to
Extend Time to File Appellant’s Brief pursuant to Texas Rule of Appellate
Procedure 10 in support thereof would show the following circumstances warrant
an extension:
The reporter’s record in this case was filed on March 9, 2015 and the
appellate record is not complete. Accordingly, Appellees’ deadline for filing its
Appellant’s Brief is currently Wednesday, April 8, 2015.
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Appellant seeks a thirty (30) day extension of time in which to file its
Appellant’s Brief, such that its brief is due on Friday, May 8, 2015.
This request for extension of time is not sought to cause delay or prejudice,
but only so that justice may be done. Appellant’s counsel has had scheduling
conflicts throughout the month of March with deadlines which interfere with the
current deadline. Specifically, Jim McConn, lead counsel for Country Title, has
the scheduling conflicts:
03/13/2015 Docket Call/Pre-Trial Conference
Cause No. 14-01-01117-CV
Robert Ling v. Andrew Musgrove v. Grand Harbor
Property Owners Association
284th Judicial District Court of Montgomery County,
Texas
03/13/2015 Preliminary Hearing Conference
AAA NO. 01-14-0001-8183
LAS Properties, et al v. Pinnacle Ridge GP, LLC, et al
American Arbitration Association
03/16/2015 Non-Jury Trial
Cause No. 14-01-01117-CV
Robert Ling v. Andrew Musgrove v. Grand Harbor
Property Owner Association
284th Judicial District Court of Montgomery County,
Texas
03/16/2015 Motions for Summary Judgment Hearing
Cause No. 2014-10063
Azim Keramati, et al vs. Planned Community
Management, Inc., Fall Creek Homeowners Association,
Inc., Severn Trent Services, Inc. and The Johnson
Development Corp.
281st Judicial District Court of Harris County, Texas
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02929.825 / 1733983.1
03/17/2015 Motion to Compel Discovery Responses/Motion for
Protection
Cause No. 14-0177
Springlake Property Owners’ Association, Inc. v. Gerald,
Kirk and Amy Kirk
22nd Judicial District Court of Hays County, Texas
03/20/2015 Appellees’ Brief due
Cause No. 01-14-00216-CV
Victor Elgohary v. Lakes on North Eldridge Community
Association, Inc. et al.
Court of Appeals for the First Judicial District, Houston,
TX
03/30/2015 Motion to Enforce Mediation Settlement Agreement
Cause No. 2012-50554
Jean M. Robingston, Nelida Cerna and Maricela Garcia
v. Dilston House Condominium Association and Genesis
Management Company, Inc.
234th Judicial District Court of Harris County, Texas
03/30/2015 Motion for Protection
Cause No. 2014-71936
Taylor Morrison of Texas, Inc. v.
Stewart, Tamesha Stewart and Greater Emmanuel
Apostolic Church v. Advantage Title of Ft. Bend, L.C.
and Raymond C. Kerr in his Capacity as Arbitrator
152nd District Court of Harris County, Texas
These deadlines represent some of the conflicts presently on Appellant’s
counsel’s calendar and do not include depositions, discovery, and other ongoing
case and client obligations.
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02929.825 / 1733983.1
PRAYER
WHEREFORE PREMISES CONSIDERED, Appellant respectfully requests
that this Honorable Court grant it an extension of thirty (30) days to file its
Appellant’s Brief so that its deadline will be Friday, May 8, 2015, and for any such
further relief to which it may be entitled.
Respectfully submitted,
LeClairRyan
/s/ James J. McConn, Jr.
By:_________________________
James J. McConn, Jr.
Email: james.mcconn@leclairryan.com
1233 West Loop South, Suite 1000
Houston, Texas 77027
Telephone: 713-654-1111
Facsimile: 713-650-0027
ATTORNEY FOR APPELLANT
CERTIFICATE OF SERVICE
As required by Texas Rule of Appellate Procedure 6.3 and 9.5(b), (d), (e), I certify
that I have served this document on all other parties which are listed below on
April 1, 2015 as follows:
Teltschik-Grubbs, PLLC
Corwin L. Teltschik
Betsy Grubbs
14015 Southwest Freeway, Suite 4
Sugar Land Texas 77478
Fax: 281-201-1202 /s/ James J. McConn, Jr.
_________________________
James J. McConn, Jr.
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CERTIFICATE OF CONFERENCE
As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I
contacted Appellee’s counsel on March 30, 2015 by email. Appellee’s counsel
indicated they are unopposed to Appellant’s First Motion to Extend Time to File
Appellant’s Brief.
/s/ James J. McConn, Jr.
_________________________
James J. McConn, Jr.
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