FILED
15-0795
11/3/2015 4:57:07 PM
tex-7668695
SUPREME COURT OF TEXAS
BLAKE A. HAWTHORNE, CLERK
No. 15-0795
________________________________________________________________________
IN THE SUPREME COURT OF TEXAS
________________________________________________________________________
IN RE JOSEPH ANDRE DAVIS
FLOYD DANIEL LOPEZ (REAL PARTY IN INTEREST)
IRMA OLGA JIMENEZ (REAL PARTY IN INTEREST)
________________________________________________________________________
On Petition for Writ of Mandamus
from the First District Court of Appeals at Houston
NO. 01-15-00408-CV
From the 245th Judicial District Court of Harris County, Texas
Trial Court Cause No. 2014-58410
The Honorable Judge Roy L. Moore presiding
________________________________________________________________________
MOTION FOR EXTENSION OF TIME TO FILE
RESPONSE TO PETITION FOR WRIT OF MANDAMUS OF JOSEPH ANDRE DAVIS
________________________________________________________________________
Misty A. Hataway-Coné
TEXAS BAR NO. 24032277
GODWIN PC
4 Houston Center
1331 Lamar Street, Suite 1665
Houston, Texas 77010
Telephone: 713-595-8300
Facsimile: 713-425-7594
________________________________________________________________________
ATTORNEYS FOR REAL PARTIES IN INTEREST
________________________________________________________________________
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TO THE HONORABLE SUPREME COURT OF TEXAS:
Pursuant to Rule 10.5(b) of the Texas Rules of Appellate Procedure, Floyd Daniel
Lopez and Irma Olga Jimenez, Real Parties in Interest in the above-referenced
proceeding, respectfully submit this Motion for Extension of Time to File Response to
Petition for Writ of Mandamus of Joseph Andre Davis, and respectfully request that the
Court grant the motion and extend the deadline for filing the Response by eight (8) days
from November 9, 2015 to November 17, 2015. In support thereof, Real Parties in
Interest respectfully show the Court the following:
1. On October 26, 2015 the Court requested a response from Real Parties in
Interest. The Response is due to be filed on or before November 9, 2015, fourteen (14)
days from the date of the Court's request.
2. The length of the extension sought is eight (8) days, from November 9,
2015 to November 17, 2015.
3. Real Parties in Interest require the extension of the deadline for filing the
Response because on November 3, 2015 they retained appellate counsel, undersigned, to
file the Response on their behalf. The request for extension of time represents a request
for a new deadline of fourteen (14) days from the date Real Parties in Interest retained
counsel to file on their behalf.
4. Misty A. Hataway-Coné, recently retained lead appellate counsel for Real
Parties in Interest, is unfamiliar with the facts and procedural history in the underlying
suit and appeal and requests additional time to gather the information needed to draft the
Response.
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5. Additionally, Mrs. Hataway-Coné has: (1) a mediation scheduled for
November 4, 2015 in another matter, Cause No. 69992; In the Interest of K.E.K and
C.R.K Children; In the 300th Judicial District Court of Brazoria County, Texas; (2) a
presentation to Texas State Bank on November 5, 2015; and (3) an opening appellate
brief due on November 23, 2015 in Civil Action No. 4:15-cv-2517; Bankruptcy Case No.
13-33264; Digerati Technologies, Inc., et al., Debtor v. Hoover Slovacek LLP; In the
United States Bankruptcy Court for the Southern District of Texas – Houston Division.
6. The trial date for the underlying suit in this matter has been reset from
November 2, 2015 to February 8, 2016, so the requested extension of time will not affect
the proceedings in the trial court.
7. Real Parties in Interest have not previously requested nor been granted any
extensions of the deadline for filing the Response.
8. The First District Court of Appeals at Houston denied the Petition for Writ
of Mandamus on July 28, 2015.
9. The case number in the Court of Appeals was 01-15-00414-CV, styled In
re Joseph Andre Davis, Relator.
10. The cause number of the underlying matter is 2014-58410, in the 245th
Judicial District Court of Harris County, Texas, the Honorable Judge Roy L. Moore
presiding, styled Floyd D. Lopez v. Joseph Andre Davis.
WHEREFORE, PREMISES CONSIDERED, Real Parties in Interest Floyd Daniel
Lopez and Irma Olga Jimenez respectfully request the Court grant this Motion for
Extension of Time to File Response to Petition for Writ of Mandamus of Joseph Andre
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Davis, and extend the deadline for filing the Petition for Review by eight (8) days from
November 9, 2015 to November 17, 2015. Real Parties in Interest Floyd Daniel Lopez
and Irma Olga Jimenez also respectfully request all such further and other relief to which
they may be justly entitled at law and in equity.
Respectfully submitted,
GODWIN PC
By: ___________________________
Misty A. Hataway-Coné
Texas State Bar No. 24032277
MCone@GodwinLaw.Com
1331 Lamar Street, Suite 1665
Houston, Texas 77010
Telephone: 713-595-8300
Facsimile: 713-425-7594
ATTORNEYS FOR REAL PARTIES
IN INTEREST
CERTIFICATE OF SERVICE
The undersigned counsel of record for Real Parties in Interest hereby certifies that
true and correct copies of this Motion for Extension of Time to File Response to Petition
for Writ of Mandamus were forwarded to Joseph Andre Davis, Relator by certified mail,
return receipt requested, on November 3, 2015:
Joseph Andre Davis, Pro Se
3323 Rose Trace Drive
Spring, Texas 77386
/s/ Misty A. Hataway-Coné
Misty A. Hataway-Coné
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CERTIFICATE OF CONFERENCE
The undersigned counsel of record for Real Parties in Interest hereby certifies that
an attempt to confer with Joseph Andre Davis, who is representing himself pro se, was
made on November 3, 2015 via telephonic conference. A message was left for Mr. Davis
but as of the time of the filing of this request, no response has been received.
Accordingly, this Motion for Extension of Time to File Response to Petition for Writ of
Mandamus of Joseph Andre Davis is submitted to the Court for its consideration and
determination.
/s/ Misty A. Hataway-Coné
Misty A. Hataway-Coné
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