ACCEPTED
03-15-00339-CV
7639523
THIRD COURT OF APPEALS
AUSTIN, TEXAS
11/2/2015 1:30:32 PM
JEFFREY D. KYLE
CLERK
NO. 03-15-00339-CV
FILED IN
IN THE COURT OF APPEALS 3rd COURT OF APPEALS
THIRD JUDICIAL DISTRICT OF TEXAS AUSTIN, TEXAS
11/2/2015 1:30:32 PM
AUSTIN, TEXAS
JEFFREY D. KYLE
Clerk
BEN MELTON,
APPELLANT,
v.
CU MEMEBERS MORTGAGE, A DIVISION OF COLONIAL SAVINGS,
F.A., FIRST WESTERN TITLE CO., AND BOB MIMS,
APPELLEES.
Appeal from the 340th Judicial District Court
Tom Green County, Texas
Trial Court Case No. C130102
Hon. Jay Weatherby, presiding
MOTION FOR EXTENSION OF TIME TO FILE APPELLEES BRIEF
TO THE HONORABLE COURT OF APPEALS:
Pursuant to Texas Rule of Appellate Procedure 10.5(b), Appellees CU
Members Mortgage, a division of Colonial Savings, F.A. (“Colonial”) and First
Western Title Co. (“First Western”) or collectively (“Appellees”), respectfully
move the Court to extend the time for filing Appellees’ Brief by 30 days, such that
MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ BRIEF PAGE 1
the deadline to file same is December 9, 2015. Appellant Ben Melton is
unopposed the requested extension.
1. The clerk’s record was filed on August 10, 2015, and the
supplemental record was filed on August 18, 2015.
2. The reporter’s record was filed on July 14, 2015.
3. Appellant’s Brief was filed on October 9, 2015.
2. Pursuant to Texas Rules of Appellate Procedure 4.1(a) and 38.6(b),
Appellees’ Brief is currently due on November 8, 2015.
3. Appellees request a 30-day extension of the time in which to file their
Brief, such that the deadline for filing same would be moved to and including
December 8, 2015.
4. In support of the requested extension, Appellees would show that
Mark D. Cronenwett, counsel for Appellees responsible for preparing Appellees’
Brief, has been busy on other cases, which has cut into the briefing period and
impeded Appellees’ ability to prepare its Brief by the deadline.
5. No previous extensions of time for filing Appellees’ Brief has been
sought by or granted to Appellees in this appeal. Appellees seek this extension not
for the purpose of delay, but so that justice may be done.
MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ BRIEF PAGE 2
PRAYER
WHEREFORE, Appellees pray that this Court grant this Motion and extend
the time for filing Appellees’ Brief by 30 days, such that the deadline is reset to
December 8, 2015. Appellees further pray for such other and further relief to
which they may be justly entitled, at law or in equity.
Respectfully submitted,
By: /s/ Mark D. Cronenwett
MARK D. CRONENWETT
Texas Bar No. 00787303
mcronenwett@mwzmlaw.com
MACKIE WOLF ZIENTZ & MANN,
PC
14160 N. Dallas Parkway, Suite 900
Dallas, Texas 75254
(214) 635-2650
(214) 635-2686 (Fax)
ATTORNEYS FOR APPELLEES
CU Members Mortgage, a division of
Colonial Savings, F.A. and First
Western Title Co.
CERTIFICATE OF CONFERENCE
The undersigned certifies that he conferred with counsel for Appellant
regarding the merits of the foregoing Motion and Appellant is not opposed.
/s/ Mark D. Cronenwett
MARK D. CRONENWETT
MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ BRIEF PAGE 3
CERTIFICATE OF SERVICE
I hereby certify that on the 2nd day of November, 2015, a true and correct
copy of the foregoing was served via the state electronic filing service to the
counsel of record listed below:
James C. Mosser
Mosser Law PLLC
2805 Dallas Parkway, Suite 222
Plano, Texas 75093
courtdocuments@mosserlaw.com
Larry W. Bale
Hay, Wittenburg, Davis, Caldwell & Bale, LLP
P O Box 271
San Angelo, Texas 76902-0271
lwb@hwdcb.com
Gregory Sherwood
P O Box 200613
Austin, Texas 78720-0613
gsherwood@mail.com
/s/ Mark D. Cronenwett___________
MARK D. CRONENWETT
MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ BRIEF PAGE 4
Ben Melton v. CU Members Mortgage, a Division of Colonial Savings, F.A. And First Western Title Co.
Combined Opinion