ACCEPTED
01-15-00067-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
4/15/2015 2:42:27 PM
CHRISTOPHER PRINE
CLERK
No. 01-15-00067-CV
IN THE COURT OF APPEALS FILED IN
FOR THE FIRST DISTRICT OF TEXAS 1st COURT OF APPEALS
HOUSTON, TEXAS
HOUSTON, TEXAS
4/15/2015 2:42:27 PM
CHRISTOPHER A. PRINE
Clerk
RESIDENTIAL CREDIT SOLUTIONS, INC.,
Appellant,
v.
MARTHA BURG,
Appellee.
Appealed from the 281 st Judicial District Court
of Harris County, Texas
Trial Court Cause No. 2013-47157
APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE BRIEF
Nathan J. Milliron
State Bar No. 24030984
HUGHES WATTERS ASKANASE, L.L.P.
Three Allen Center
33 3 Clay, 29th Floor
Houston, Texas 77002
(713) 759-0818 (Telephone)
(713) 759-6834 (Facsimile)
nmilliron@hwa.com (Email)
ATTORNEY FOR APPELLANT
2913691: 1-FARDCL-0005
Appellant, Residential Credit Solutions, Inc., asks the court to extend the
time to file its brief.
A. Introduction and Background Facts
1. Appellant is Residential Credit Solutions, Inc. Appellee is Martha Burg.
2. The undersigned is attorney-of-record for Appellant Residential Credit
Solutions, Inc.
3. The deadline to file Appellant's Brief is April17, 2015.
4. Appellant requests a 14-day extension of time to file its Brief.
B. Argument & Authorities
5. Rule 10.5(b) authorizes Appellant to request an extension of time to file
its Brief.
6. The deadline for filing Appellant's Brief is currently April 17, 2015.
7. This is the fist request for an extension of time to file Appellant's Brief.
8. Counsel for Appellant has been assigned and called to trial three times in
the last month and additional time is needed to finalize Appellant's Brief.
Appellant has been in trial in the following cases:
(a) Cause No. 13-CV-1509 styled Joel Just v. David J. Brown, in the
405th Judicial District Court of Galveston County, Texas [bench
trial on March 25, 2015];
(b)Cause No. 11-DCV-194122 styled AJBJK. L.L.P. v. Saefaldin
Rahmati and Abdul Saeed Assadi Rahmati, in the 240th Judicial
2913691: 1-FARDCL-0005
District Court of Fort Bend County, Texas [bench trial on April 1,
2015]; and
(c)Cause No. 65341 styled FV-1. Inc. in Trust for Morgan Stanley
Capital Holdings LLC v. Sandra Jeter and Thomas Jeter, in the
149th Judicial District Court of Brazoria County, Texas Oury trial
starting on April 6, 20 15).
9. In addition, counsel for Appellant was scheduled for jury trial on March
23, 2015 in Cause No. 2011-60277-393 styled Kenneth Fong and Pamela Fong v.
Nationstar Mortgage. LLC and Federal National Mortgage Association, in the
393rd Judicial District Court of Denton County, Texas and was not released until
the late afternoon of March 20, 2015.
10. The length of the extension sought is 14-days from the April 17, 2015
due date.
11. The Court has authority to extend the time to file the Appellant's Brief
under TEx. R. APP. P. 38.6(d).
12. Appellant requests a 14-day extension of time to file its Brief.
C. Conclusion
13. The undersigned, as attorney for Residential Credit Solutions, Inc.,
requests an extension of 14 days to file Appellant's Brief.
2913691:1-FARDCL-0005
D. Prayer
14. Residential Credit Solutions, Inc. asks the Court to grant this motion and
extend the time for filing its Appellant's Brief for 14 days.
Respectfully submitted,
HUGHES WATTERS ASKANASE, LLP
By: =lliron ,- - - ._
State Bar No. 24030984
Three Allen Center
333 Clay, 29th Floor
Houston, Texas 77002
(713) 759-0818 (Telephone)
(713) 759-6834 (Facsimile)
nmilliron@hwa.com (E-mail)
ATTORNEY FOR APPELLANT
CERTIFICATE OF CONFERENCE
I, the undersigned attorney, hereby certify that Mr. O'Connor, counsel for
Martha Burg, is opposed to this extension of time to file Appellant's Brief.
N~~
291369 1: 1-FARDCL-0005
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Appellant's
Motion for Extension of Time to File Brief was served upon all parties and/or their
attorneys of record, in accordance with the Texas Rules of Civil Procedure, on this
the 15th day of April2015, addressed as follows:
Via Electronic Mail at moconnor@oconnorcraig.com
Mr. Michael C. O'Connor
O'Connor, Craig, Gould, Evans & Rohr
2500 Tanglewilde, Suite 222
Houston, Texas 77063
2913691: 1-FARDCL-0005