ACCEPTED
12-15-00121-CV
TWELFTH COURT OF APPEALS
TYLER, TEXAS
11/17/2015 11:42:01 AM
Pam Estes
CLERK
No. 12-15-00121-CV
FILED IN
12th COURT OF APPEALS
IN THE COURT OF APPEALS TYLER, TEXAS
FOR THE TWELFTH DISTRICT OF TEXAS
11/17/2015 11:42:01 AM
TYLER, TEXAS PAM ESTES
Clerk
GARRY L. ROLLINS AND CARLA D. ROLLINS,
Appellants
V.
TEXAS COLLEGE AND MPF INVESTMENTS, LLC D/B/A “A-1 RENT
ALL,”
Appellees
Appeal from Cause No. 13-3353-A
In the 7th District Court of Smith County, Texas
The Honorable Kerry L. Russell, Presiding
UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF
OF APPELLEE MPF INVESTMENTS, LLC D/B/A “A-1 RENT ALL”
Levon G. Hovnatanian Ryan K. Geddie
Texas Bar No. 10059825 Texas Bar No. 24055541
hovnatanian@mdjwlaw.com geddie@mdjwlaw.com
Todd M. Lonergan MARTIN, DISIERE, JEFFERSON &
Texas Bar No. 12513700 WISDOM, L.L.P.
lonergan@mdjwlaw.com Tollway Plaza One
MARTIN, DISIERE, JEFFERSON & 16000 N. Dallas Parkway, Suite 800
WISDOM, L.L.P. Dallas, Texas 75248
808 Travis, 20th Floor (214) 420-5500 – Telephone
Houston, Texas 77002 (214) 420-5501 – Facsimile
(713) 632-1700 – Telephone
(713) 222-0101 – Facsimile
TO THE HONORABLE COURT OF APPEALS:
Comes now one of the appellees— MPF Investments, LLC d/b/a “A-1 Rent
All” (hereinafter “MPF”)—and files this motion for extension of time to file its
brief. MPF has neither requested nor received a previous extension of time to file
its brief.
The current deadline for MPF to file its brief is Monday, November 16,
2015. This motion is e-filed on Tuesday, November 17, 2015, and is therefore
timely filed. See TEX. R. APP. P. 38.6(d) (“A motion to extend the time to file a
brief may be filed before or after the date a brief is due.”).
The facts reasonably relied upon to explain the need for an extension of time
are as follows. Levon G. Hovnatanian, MPF’s lead appellate counsel, has been
extremely busy with the following pressing matters:
1. Mr. Hovnatanian assisted in preparing the brief of appellee Mid-
Century Insurance Co., filed on November 2, 2015 (after two extensions), in Cause
No. 07-26-00037-CV; WC 1217-1221 Haven Lane, LP, Appellant v. Mid-Century
Insurance Co., Appellee; in the Seventh Court of Appeals.
2. Mr. Hovnatanian prepared for, and presented oral argument on
November 4, 2015, on behalf of the real party in interest, United Services
Automobile Association, in Cause No. 14-1006; In re Stacey Bent and Mark Bent;
in the Supreme Court of Texas.
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3. Mr. Hovnatanian is assisting in preparing a petition for review, due on
November 16, 2015 (after one extension, and the second extension is pending), in
Cause No. 15-0805; St. Paul Fire & Marine Insurance Company and St. Paul
Surplus Lines Insurance Company, Petitioners v. Petroplex, Energy, Inc.,
Respondent; in the Supreme Court of Texas.
4. Mr. Hovnatanian is assisting in preparing the reply brief of the
appellant, which is due on November 18, 2015 (after one extension), in Cause No.
14-15-00093-CV; State Farm Lloyds, Appellant v. Ginger Hanson, Appellee, in the
Fourteenth Court of Appeals.
5. Mr. Hovnatanian is assisting in preparing the brief of the appellee, due
on December 3, 2015 (after two extensions), in Cause No. 05-15-00678-CV;
Brenda Peterson, Individually and as Next Friend of B.Q.P., a Minor and as
Administrator of the Estate of James Q. Peterson, Deceased, and Gary Peterson,
Appellants v. Farmers Texas County Mutual Insurance Company, Appellee; in the
Fifth Court of Appeals.
Considering the above, MPF Investments, LLC d/b/a “A-1 Rent All”
respectfully requests a 30-day extension of time to Wednesday, December 16,
2015, to file its brief.
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Respectfully submitted,
MARTIN, DISIERE, JEFFERSON & WISDOM, L.L.P.
By: /s/ Levon G. Hovnatanian
Levon G. Hovnatanian
Texas Bar No. 10059825
hovnatanian@mdjwlaw.com
Todd M. Lonergan
Texas Bar No. 12513700
lonergan@mdjwlaw.com
808 Travis, 20th Floor
Houston, Texas 77002
(713) 632-1700 – Telephone
(713) 222-0101 – Facsimile
Ryan K. Geddie
Texas Bar No. 24055541
geddie@mdjwlaw.com
Tollway Plaza One
16000 N. Dallas Parkway, Suite 800
Dallas, Texas 75248
(214) 420-5500 – Telephone
(214) 420-5501 – Facsimile
ATTORNEYS FOR APPELLEE
MPF INVESTMENTS, LLC D/B/A “A-1
RENT ALL”
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CERTIFICATE OF CONFERENCE
This is to certify that on November 16 and 17, 2015, the undersigned
conferred with Ernesto Sigmon, counsel for Garry L. Rollins and Carla D. Rollins,
and Greg Smith, counsel for Texas College, about this motion, and both Mr.
Sigmon and Mr. Smith advised that they do not oppose it.
/s/ Levon G. Hovnatanian
Levon G. Hovnatanian
Dated: November 17, 2015
CERTIFICATE OF COMPLIANCE
This is to certify that this computer-generated Unopposed Motion for
Extension of Time to File Brief of appellee MPF Investments, LLC d/b/a “A-1
Rent All” contains 407 words.
/s/ Levon G. Hovnatanian
Levon G. Hovnatanian
Dated: November 17, 2015
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CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and foregoing
Unopposed Motion for Extension of Time to File Brief of Appellee MPF
Investments, LLC d/b/a “A-1 Rent All” has been forwarded to the individuals
listed below, by the methods indicated, on this 17th day of November, 2015.
Ernesto D. Sigmon
WALKER SIGMON
416 West Saulnier Street
Houston, Texas 77019
(via e-filing and e-mail at esigmon@esigmon.com)
(Attorney for appellants Garry L. Rollins and Carla D. Rollins)
Trey Yarbrough
YARBROUGH WILCOX GUNTER, PLLC
100 East Ferguson, Suite 1015
Tyler, Texas 75702
(via e-filing and e-mail at Trey@yw-lawfirm.com)
(Attorney for appellee Texas College)
/s/ Levon G. Hovnatanian
Levon G. Hovnatanian
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Garry L. Rollins and Carla D. Rollins v. Texas College and MPF Investments, LLC D/B/A "A-1 Rent All"
Combined Opinion