ACCEPTED
03-14-00202-CV
4568301
THIRD COURT OF APPEALS
AUSTIN, TEXAS
3/19/2015 3:28:12 PM
JEFFREY D. KYLE
CLERK
NO. 03-14-00202-CV
FILED IN
3rd COURT OF APPEALS
IN THE COURT OF APPEALS AUSTIN, TEXAS
THE 1HIRD DIS1RICT OF TEXAS 3/19/2015 3:28:12 PM
JEFFREY D. KYLE
AUSTIN, TEXAS Clerk
NEMER MASSAAD, and all other OCCUPANTS
Appellant
v.
WELLS FARGO BANK NATIONAL ASSOCIATION AS TRUSTEE
FOR OPTION ONE MORTGAGE LOAN TRUST 2006-3,
ASSET BACKED CERTIFICATES, SERIES 2006-3
Appellee.
Appeal from the County Court at Law Number One
Travis County, Texas
Trial Court Case No. C-1-CV-14-000401
Hon. Joe Carroll, presiding
APPELLANT'S SECOND MOTION FOR EXTENSION OF TIME
TO FILE MOTION FOR REHEARING
TO THE HONORABLE COURT OF APPEALS:
COMES NOW APPELLANT, NEMER MASSAD, who files this Motion for
Extension of Time to File his Motion for Rehearing and respectfully shows the
following:
1. On January 30, 2015, the Court issued its Memorandum Opinion and Judgment.
Appellant's Second Motion for Extension of Time to File Motion for Rehearing Page 1
2. Appellant's deadline to file his Motion for Rehearing was March 18, 2015.
3. Appellant advises the Court that he filed his Motion on March 18 20 15 at
12:00 a.m. However, during the process of e-filing, Counsel for Appellant
experienced technical difficulties resulting in Appellant's Motion being filed
in Bexar County District Court. See Exhibit A. Appellant immediately re-
filed his Motion in the Third Court of Appeals at 12:12 a.m. See Exhibit B.
4. Appellant requests a one-day extension of time on which to file his Motion
for Rehearing to March 19, 2015 in order that Appellant's Motion can be
accepted as timely filed by the Court.
WHEREFORE, PREMISES CONSIDERED, Appellant prays this Court grant his
Motion for Extension of Time to File his Motion for Rehearing and extend his
deadline to file same to March 19, 2015.
Respectfully submitted,
By: /s/ James Minerve
James Minerve
State Bar No. 24008692
115 Saddle Blanket Trail
Buda, Texas 78610
(210) 336-5867
(888) 230-6397 (Fax)
Attorney for Appellant, Nemer
Maasaad
Appellant's Second Motion for Extension of Time to File Motion for Rehearing Page 2
CERTIFICATE OF CONFERENCE
On March 19, 2015, the undersigned counsel for Appellant conferred with
counsel for Appellee, Mark Cronenwett, concerning the foregoing Motion and Mr.
Cronenwett stated that he is not opposed to this Motion. See Exhibit C.
Is/ James Minerve
James Minerve
CERTIFICATE OF SERVICE
I hereby certify that on this 19th day of March a true and correct copy of the
above and foregoing document was sent via Efile.txcourts.gov electronic filing
notification system and via facsimile transmittal to the parties of record listed below:
Philip Danaher
Mark D. Cronwett
Mackie Wolf Zientz & Mann, PC
14160 North Dallas Parkway
Parkway Office Center, Suite 900
Dallas, Texas 75254
FAX: 888-230-6397
Isl James Minerve
James Minerve
Appellant's Second Motion for Extension of Time to File Motion for Rehearing Page 3
3/19/2015 Envelope Details
Print this page EXHIBIT A
Envelope 4555953
Case Information
Location Bexar County - District Clerk
Date Filed 03/19/2015 12:00:56 AM
Case Number 03-14-00202-CV
Case Description
Assigned to Judge
Attorney James Minerve
Firm Name Minerve Law Firm
Filed By Maria Rogers
Filer Type Not Applicable
Fees
Convenience Fee $0.06
Total Court Case Fees $0.00
Total Court Filing Fees $0.00
Total Court Service Fees $2.00
Total Filing & Service Fees $0.00
Total Service Tax Fees $0.00
Total Provider Service Fees $0.00
Total Provider Tax Fees $0.00
Grand Total $2.06
Payment
Account Name Minerve Payment Account
Transaction Amount $2.06
Transaction Response
Transaction ID 7492814
Order# 004555953-0
No Fee Documents
Filing Type EFile
Filing Code No Fee Documents
Filing Description
Reference Number
Comments
Status Submitted
Fees
Court Fee $0.00
Service Fee $0.00
https://efile.txcourts.gov/EnvelopeDetails.aspx?envelopeguid=266f590d-e84b-4e7f-956e-d3618ee9ee52 1/2
3/19/2015 Envelope Details
Documents
Lead Document Appellant's Motion for Rehearing Brief3rd court FINAL.pdf [Original]
https://efile.txcourts.gov/EnvelopeDetails.aspx?envelopeguid=266f590d-e841:r4e7f-956e-d3618ee9ee52 212
3/19/2015 - Envelope Details
Print this page EXHIBIT B
Case# 03-14-00202-CV
Case Information
Location 3rd Court of Appeals
Date Filed 03/19/2015 12:12:31 AM
Case Number 03-14-00202-CV
Case Description
Assigned to Judge
Attorney James Minerve
Firm Name Minerve Law Firm
Filed By Maria Rogers
Filer Type Not Applicable
Fees
Convenience Fee $0.43
Total Court Case Fees $0.00
Total Court Filing Fees $15.00
Total Court Service Fees $0.00
Total Filing & Service Fees $0.00
Total Service Tax Fees $0.00
Total Provider Service Fees $0.00
Total Provider Tax Fees $0.00
Grand Total $15.43
Payment
Account Name Minerve Payment Account
Transaction Amount $15.43
Transaction Response
Transaction ID 7492817
Order# PaymentTransactionDetail
Motion for Rehearing
Filing Type EFile
Filing Code Motion for Rehearing
Filing Description Motion for Rehearing Brief for Appellant
Reference Number NEMER MASSAAD
Comments
Status Submitting
Fees
Court Fee $15.00
Service Fee $0.00
https:l/efile.txcourts.gov/EnvelopeDetails.aspx?envelopeguid=250fa127-e40b-4600-9071-d3426601a83e 1/2
3/19/2015 ; Envelope Details
Documents
Lead Document Appellant's Motion for Rehearing Brief 3rd court FINAL.pdf [Original]
https://efile.txcourts.gov/EnvelopeDetails.aspx?envelopeguid=250fa127-e401r4600-9071-d3426601a83e 212
- EXHIBIT I
c
· ~- ----· ~------ - --- -~-------·- "
I
-
Maria Rogers
From: Mark Cronenwett < mcronenwett@mwzmlaw.com >
Sent: Thursday, March 19, 2015 11 :41 AM
To: Maria Rogers
Cc: James Minerve; jgminerve@aol.com
Subject: RE: (Nemer Massaad v. Wells Fargo) Appellant's Motion for Extension of Time
James,
Pursuant to your voice mail of earlier today, I don't oppose your 2nd motion to extend the time for filing your motion for
rehearing to today, March 19, 2015.
Thanks,
iVIark D. Cronenwett
Mackie Wolf Zientz & Mann, PC
14160 N. Dal las Parkway, Suite 900
Dallas, TX 75254
Direct: (214) 635 -2670
Main: (214) 635-2650
Fax: (214) 635-2686
mcronenwett@mwzmlaw.com
http://mwzmlaw.com/
rAIJ
MACKIE WOLF
ZIENTZ MAN~
Arkansas Tennessee
Texas
This e-mail and its attachments, if any, may contain information that is private, confidential, or protected by attorney-
client or other privilege. If you received this e-mail in error, please delete it from your system without copying it and
notify me of the misdirection by reply e-mail.