Ben Melton v. CU Members Mortgage, a Division of Colonial Savings, F.A. And First Western Title Co.

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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