Garry L. Rollins and Carla D. Rollins v. Texas College and MPF Investments, LLC D/B/A "A-1 Rent All"

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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. 1 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. 2 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” 3 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 4 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 5