ACCEPTED
14-14-01007CV
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
6/12/2015 3:16:35 PM
CHRISTOPHER PRINE
CLERK
No. 14-14-01007-CV
FILED IN
14th COURT OF APPEALS
IN THE FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS
OF TEXAS
6/12/2015 3:16:35 PM
CHRISTOPHER A. PRINE
Clerk
THOMAS BEETS AND LESLIE BEETS
APPELLANTS,
v.
NATIONAL COLLEGIATE STUDENT LOAN TRUST 2005-2,
A DELAWARE STATUTORY TRUST
APPELLEE.
On Appeal from National Collegiate Student Loan Trust 2005-2, A Delaware
Statutozy Trust v. Thomas Beets and Leslie Beets, No. CV28146 (344th Judicial
District Court, Chambers County, Tex. Jan 15, 2014).
Hon. Randy McDonald, Presiding
APPELLEE'S UNOPPOSED MOTION TO EXTEND TIME TO FILE
APPELLEE'S RESPONSE BRIEF ON THE MERITS
MICHAEL J. SCOTT
State Bar No. 24000876
TERI STEWART MACE
State Bar No. 12759480
JUDITH M ORGAN
State Bar No. 00789500
courts@scott-pc.com
Scott, Parnell, and Associates
P.O. Box 115220
Carrollton, Texas 75006
Tel: 214.234.8456
Fax: 214.234.8454
ATTORNEYS FOR PLAINTIFF
1
APPELLEE'S UNOPPOSED MOTION TO EXTEND TIME TO FILE
APPELLEE'S RESPONSE BRIEF ON THE MERITS
Appellee respectfully requests that the Court grant it 30 days to file its Response Brief on
the Merits in the instant appeal.
I
BACKGROUND
1. This Motion is filed pursuant to, and in compliance with Texas Rules of Appellate
Procedure 10.5 and 38.6(d).
2. On September 26'\ 2014, the 344'h Judicial District Court of Chambers County, Texas
signed a Final Summary Judgment in Case No. CV28146 , National Collegiate Student Loan
Trust 2005-2, A Delaware Statutory Trust v. Thomas Beets and Leslie Beets. ("Final Surmnary
Judgment", attached as Exhibit A).
3. On December 22, 2014, Appellants filed its Notice of Appeal ("Notice of Appeal",
attached as Exhibit B).
4. On March 3, 2015, Appellants filed their first Motion for Extension of Time to File Brief,
which Motion for Extension was granted.
5. On April 1, 2015, Appellants filed their second Motion for Extension of Time to File
Brief, which second Motion for Extension was granted.
6. On May 6, 2015, Appellants filed their third Motion for Extension of Time to File Brief,
which third Motion for Extension was granted.
7. On May 21,2015, Appellants filed Appellants' Brief.
8. The Court has not granted Appellee any prior extensions of time in the instant appeal.
(401723) 2
2
11.
APPELLEE'S MOTION FOR EXTENSION OF TIME
9. Appellee respectfully requests an additional 30 days to submit its responsive brief to the
Court. Appellant was representing in the trial proceeding by Regent and Associates. Mr. R.
Chan Tysor of Scott Parnell & Associates, P.C. (the "Firm") appeared on behalf of Appellee only
at the hearing on the Appellant's Motion for New Trial. Mr. Tysor is not the attorney handling
the appeal for Appellee. The Firm attorney responsible for this appeal left the Firm yesterday,
June 11, 2015, without preparing the responsive brief. Due to circumstances at the Firm beyond
the control of Appellee, Appellee needs additional time to adequately prepare its brief.
Ill.
CONCLUSION
I 0. Appellee respectfully requests an additional 30 days to submit its responsive brief to the
Court due to the departure ofthe attorney primarily responsible for preparing Appellee's Brief.
IV.
PRAYER
WHEREFORE, Appellee prays that the Court:
a. Issue its Order Granting Appellee at least 30 days for Appellee to file its Brief in
Response.
Carrollton, Texas 75006
Tel: 214.234.8456
Fax: 214.234.8454
ATTORNEYS FOR PLAINTIFF
(401723) 3
3
CERTIFICATE OF SERVICE
The undersigned certifies that a true and correct copy of the foregoing Motions was been
served via United States Postal Service First Class Mail, this _ _ _ day of June, 2015 on the
following:
Robert B. Hinsley
The Hinsley Law Firm
6001 Savoy Drive, Suite 115
Houston, Texas 77036
Telephone: 713-465-9000
Facsimile: 713-465-9997
bjennings@consumersdefense.com
ATTORNEY FOR APPELLANTS
~ Teri Stewart Mace
Judith Morgan
CERTIFICATE OF CONFERENCE
I hereby certifY that on June 12, 2015, I have conferred with counsel for Appellants, who
stated that this Motion is unopposed. Tex. R. App. P. Ann. lO.l(a)(5) (West 2014).
eri Stewart Mace
Judith Morgan
(401723) 4
4