ACCEPTED
03-14-00529-CV
3888229
THIRD COURT OF APPEALS
AUSTIN, TEXAS
1/23/2015 10:56:57 PM
JEFFREY D. KYLE
CLERK
No. 03-14-00529-CV
FILED IN
3rd COURT OF APPEALS
Jerome J. Isaac and § In the Court of Appeals
AUSTIN, TEXAS
Michelle P. Isaac, § 1/23/2015 10:56:57 PM
Appellants § JEFFREY D. KYLE
Clerk
§
v. §
§
Vendor Resource Management, Inc., §
Mortgage Electronic Registration §
Systems, Inc., and Citimortgage, Inc., §
Appellees § Third District of Texas
Appellants’ Motion to Extend Time to File Brief
To the Honorable Court:
Appellants request that the Court extend time for filing of their brief under Rules
of Appellate Procedure 10.5(b), 38.6(d) and all other applicable Rules, and in support
of this motion show:
1. Due Date of Brief. Appellant’s Brief is due for filing today, January 23,
2015, per the Court’s last correspondence. Appellants seek hereby to have the due date
of their brief extended to Monday, February 2, 2015.
2. Extension of Time Sought. Appellants have sought no previous extension
of time to file their brief, and ask that the Court grant them an extension for filing of
their brief until Monday, February 2, 2015, in order that it may be optimally prepared.
APPELLANTS’ MOTION TO EXTEND
TIME TO FILE APPELLANTS’ BRIEF
Plaintiffs anticipate actually filing the brief in advance of such latter date. Over the
course of the months since the appeal was taken, Appellants’ counsel has handled several
cases involving applications for emergency relief, despite numerous days of absence
from the office due to chronic illness and various family obligations including emergency
hospitalization of his mother (for whose care he is solely responsible). Much of counsel’s
time since the filing of the components of the record, and particularly between November
30, 2014 and the present date, has been occupied with family obligations related to
the death of his last uncle, and with care and transportation of counsel’s wife, who
sustained an accidental injury that precluded her driving herself to work, medical,
rehabilitation or any other appointments well into January. All of the foregoing has
depleted time that could have been devoted to preparation of the brief. Appellants therefore
ask that they be granted this very short extension of time to file their brief.
3. Prayer. For these reasons, your Appellants request that the Court:
(A) grant an extension of the time to file Appellants’ brief, through and
until February 2, 2015; and
(B) grant Appellants such other and further relief to which they may
be entitled or is in the interest of justice.
APPELLANTS’ MOTION TO EXTEND
TIME TO FILE APPELLANTS’ BRIEF 2
Respectfully submitted,
/s/ Michael Brinkley
_____________________________________
Michael Brinkley
State Bar No. 03004300
BRINKLEY LAW PLLC
P. O. Box 820711
Fort Worth, Texas 76182-0711
(817) 284-3535; (888) 511-5854
fax (888) 511-0946
michael@brinkleypllc.com
Attorney for Appellants
Certificate of Conference
On January 23, 2015, I spoke by phone with Christopher Ferguson, attorney
of record for Appellee Vendor Resource Management, Inc., anticipating at the time
of the call that the extension sought might be only through today, and Mr. Ferguson
indicated that he could not agree with the relief sought, but would take no position.
Subsequently, I emailed Mr. Ferguson when it became clear that the brief could not
be completed today, setting out the substance of the relief requested in the foregoing
motion, and have not seen a reply from him. Also on January 23, 2015, I left a voicemail
for John W. Ellis, the counsel who appeared in court for the remaining Appellees, and
then exchanged emails with Mr. Ellis, who indicated that Appellees Mortgage Electronic
Registration Systems, Inc. and Citimortgage, Inc. are not opposed to the relief requested.
Dated: January 23, 2015.
/s/ Michael Brinkley
_____________________________________
Michael Brinkley
APPELLANTS’ MOTION TO EXTEND
TIME TO FILE APPELLANTS’ BRIEF 3
Certificate of Service
I hereby certify that a true and correct copy of the foregoing has been served on the
following attorney of record, as required by Texas Rule of Appellate Procedure 9.5:
B. David L. Foster
John W. Ellis
LOCKE LORD LLP
600 Congress Avenue, Suite 2200
Austin, Texas 78701
voice 512.305.4700; fax 512.305.4800
Christopher Ferguson
LAW OFFICES OF JACK O’BOYLE
P.O. Box 815369
Dallas, Texas 75381
voice 972.247.0653, fax 972.247.0642.
Dated: January 23, 2015.
/s/ Michael Brinkley
______________________________
Michael Brinkley
APPELLANTS’ MOTION TO EXTEND
TIME TO FILE APPELLANTS’ BRIEF 4
Jerome J. Isaac and Michelle P. Isaac v. Vendor Resource Management, Inc. Mortgage Electronic Registration Systems, Inc. And CitiMortgage, Inc.
Combined Opinion