ACCEPTED
01-14-00872-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
5/19/2015 4:36:15 PM
CHRISTOPHER PRINE
CLERK
CASE NO. 01-14-00872-CV
IN THE FIRST COURT OF APPEALS
_______________________________________
CALHOUN/HOLIDAY PLACE, INC., et al
V.
WELLS FARGO BANK, N.A.
_______________________________________
On appeal from the 55th Judicial District Court of
Harris County, Texas Cause No. 2011-56876
_______________________________________
APPELLEE’S FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME
TO THE HONORABLE FIRST COURT OF APPEALS:
Appellee, Wells Fargo Bank, N.A., requests a 30–day extension to file
its brief, and for good cause, would show as follows:
1. Appellee’s brief is due on May 22, 2015.
2. This is Appellee’s first request for an extension of time.
3. Appellee requests a 30–day extension to file its brief so that the
undersigned can adequately prepare the same.
4. The undersigned has not had sufficient time to prepare Appellee’s
brief due to the demands of his docket, which include:
1
Filing a reply brief on the merits with the Texas Supreme Court
on April 9, 2015, in the case–styled and numbered, In re O.E.
Investments, Ltd., Case No. 14–0375.
Attending mediation on April 13, 2015.
Filing a petition for review on April 14, 2015 in the case–styled
and numbered Pedernal Energy, LLC v. Bruington
Engineering, LLC, Case No. 15–0123.
Preparing for and attending a pretrial conference on April 27,
2015, which included the filing of several motions on April 23,
2015.
Attending mediation on April 29, 2015.
Presenting a CLE presentation on April 30, 2015.
Filing a reply brief on May 4, 2015 in the case–styled and
numbered, Approximately $31,421 v. State of Texas, Case No.
14–14–00385–CV.
Filing a petition for review on May 6, 2015 in the case–styled
and numbered, McLean v. Livingston, Case No. 15–0100.
Filing a petition for review on May 8, 2015 in the case–styled
and numbered, Ex parte Crittenden, Case No. 15–0184.
Filing a petition for writ of mandamus on May 11, 2015 in the
case–styled and numbered, In re Pfeil, Case No. 01–15–00433–
CV.
Preparing for and presenting oral argument on May 12, 2015 in
the Approximately $31,421 v. State of Texas matter referenced
above.
Preparing for and presenting a CLE presentation in Lubbock on
May 20, 2015.
2
5. Thus, additional time is needed for the undersigned to prepare and
file Appellee’s brief.
6. Under Tex. R. App. P. 10.3, the undersigned conferred with counsel
for Appellants, and counsel is unopposed to this motion.
FOR THESE REASONS, Appellee prays that the Court grant this
motion for extension of time and extend the deadline for filing Appellee’s
brief to June 22, 2015.
Respectfully submitted,
LEYH, PAYNE & MALLIA, PLLC
By: /s/ Sean M. Reagan
Sean Michael Reagan
sreagan@lpmfirm.com
Texas Bar No. 24046689
9545 Katy Freeway, Suite 200
Houston, Texas 77024
Telephone: 713-785-0881
Facsimile: 713-784-0884
ATTORNEY FOR APPELLEE
3
Certificate of Service
I certify that a true and correct copy of this document has been served
to all interested parties of record on this the 19th day of May 2015 as
follows:
H. Miles Cohen Via Email
Crain, Caton & James, P.C.
1401 McKinney, Suite 1700
Houston, Texas 77010
/s/ Sean M. Reagan
Sean M. Reagan
4