ACCEPTED
03-15-00339-CV
6724805
THIRD COURT OF APPEALS
AUSTIN, TEXAS
8/31/2015 1:44:46 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00339-CV
FILED IN
3rd COURT OF APPEALS
IN THE THIRD COURT OF APPEALS AUSTIN, TEXAS
AT AUSTIN, TEXAS 8/31/2015 1:44:46 PM
JEFFREY D. KYLE
Clerk
BEN MELTON,
Appellant
vs.
CU MEMBER’S MORTGAGE, a division of
COLONIAL SAVINGS, F.A., and FIRST WESTERN TITLE CO.
Appellees
On Appeal from the 340 th District Court
of Tom Green County, Texas
Hon. Jay Weatherby Presiding
Trial Court Cause No. C103102C
APPELLANT’S UNOPPOSED FIRST MOTION FOR
EXTENSION OF TIME TO FILE APPELLANT’S BRIEF
TO THE HONORABLE JUSTICES OF THIS COURT:
Appellant’s Brief in this matter is due September 9, 2015. No
previous extensions have been granted. Appellant asks this court for a 30-
day extension of time to file Appellant’s Brief, which would make the
extended deadline Friday, October 9, 2015. In reviewing the clerk’s record
and first supplemental clerk’s record filed in this appeal, the undersigned
attorney noticed that the June 3, 2015 findings of fact and conclusions of law
concerning appellee CU Member’s Mortgage, a division of Colonial
Savings, F.A. (“CU Member’s Mortgage”) signed by the trial court were not
included in the clerk’s record, only the unsigned copy at Clerk’s Record
340-345. Appellant has filed today a request for second supplemental
clerk’s record with the Tom Green County District Clerk asking that the
signed version of that document be forwarded to this court as a second
supplemental clerk’s record.
Additionally, appellant’s attorney has a brief due on September 8,
2015 in the Fifth Circuit in No. 15-50538, United States v. Ricky Wayne
Levy, also known as Ricky Levy, and counsel is currently working on filing a
petition for a writ of certiorari in the Supreme Court of the United States
seeking review of the Fifth Circuit’s June 25, 2015 opinion in No. 13-51200;
United States v. Jose Zavala.
As a result of the events just discussed, appellant’s counsel cannot
complete Appellant’s Brief by the September 8, 2015 deadline and requests
a 30-day extension, making the brief due by Friday, October 9, 2015.
Certificate of Conference
Appellant’s counsel Gregory Sherwood conferred by telephone with
the attorney for appellees in this appeal, Mark D. Cronenwett, concerning
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whether appellees would oppose a 30-day extension of time to file
Appellant’s Brief. Mr. Cronenwett stated that he had no opposition to this
requested extension of time.
Respectfully submitted,
/s/ Gregory Sherwood
GREGORY SHERWOOD
ATTORNEY
P.O. Box 200613
Austin, Texas 78720-0613
(512) 484-9029
State Bar No. 18254600
Email: gsherwood@mail.com
Attorney for
Appellant Ben Melton
CERTIFICATE OF SERVICE
I hereby certify that a true copy of this document was served on
August 31, 2015 by e-service through the State electronic filing service
provider, or by email, upon the attorney for appellees in this appeal: Mark
Cronenwett, Mackie Wolf, Zientz & Mann, PC, 14150 N. Dallas Parkway,
Suite 900, Dallas, Texas 75254.
/s/ Gregory Sherwood
Gregory Sherwood
TRAP 9.4 Certificate of Compliance
According to the WordPerfect program used to generate this
document, there are 481 words in this document.
/s/ Gregory Sherwood
Gregory Sherwood
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