ACCEPTED
03-14-00202-CV
5032109
THIRD COURT OF APPEALS
AUSTIN, TEXAS
4/24/2015 5:37:02 PM
JEFFREY D. KYLE
CLERK
No.03-14-00202-CV
FILED IN
IN THE COURT OF APPEALS 3rd COURT OF APPEALS
AUSTIN, TEXAS
THE THIRD DISTRICT OF TEXAS
4/24/2015 5:37:02 PM
AUSTIN TEXAS JEFFREY D. KYLE
Clerk
NEMER MASSAAD, and all other OCCUPANTS
Appellant
V.
WELLS FARGO BANK NATIONAL ASSOCIATION AS TRUSTEE
FOR OPTION ONE MORTGAGE LOAN TRUST 2006-3,
ASSET BACKED CERTIFICATES, SERIES 2006-3
Appellee.
Appeal from the County Court at Law Number One
Travis County, Texas
Trial Court Case No. C-I-CV-14-000401
Hon. Joe Carroll, presiding
MOTION TO ALLOW APPELLANT'S BRIEF
TO EXCEED WORD COUNT
Appellant's Motion to Exceed Word Count Page 1
TO THE HONORABLE COURT OF APPEALS:
COMES NOW APPELLANT, NEMER MASSAAD, and files this Motion to
Allow Appellant's Brief to Exceed Word Count, and respectfully shows the
following:
1. Concurrently with this Motion, Appellant filed his Motion for Rehearing en
bane.
2. Appellant's Motion for Rehearing en bane is approximately 5,202 words,
excluding the parts of the brief exempted by Tex.R.App.P. 9.4(i)(2)(D). A
motion for rehearing may typically not exceed 4,500 words.
3. It order to adequately address the Court's original holding and the
Appellee's Brief, it was necessary to exceed the word count as stated.
4. Appellant respectfully requests the Court to accept the Motion for
Rehearing.
WHEREFORE, PREMISES CONSIDERED, Appellant prays this Court grant his
Motion to Allow Appellant's Brief to Exceed Word Count.
Respectfully submitted,
By: /s/ James Minerve
James Minerve
State Bar No. 24008692
115 Saddle Blanket Trial
Buda, Texas 78610
(210) 336-5867
Appellant's Motion to Exceed Word Count Page 2
(888) 230-6397 (Fax)
Attorney for Appellant,
Nemer Massaad
CERTIFICATE OF CONFERENCE
On April 23, 2015, the undersigned counsel for Appellant attempted to
Communicate with counsel for Appellee, Mark Cronenwett, concernmg the
foregoing Motion. Mr. Cronenwett did not consent nor oppose.
/s/ James Minerve
James Minerve
CERTIFICATE OF SERVICE
I hereby certify that on this 24th day of April, 2015, a true and correct copy
of the above and foregoing document was sent via Efile.txcourts.gov electronic
filing notification system and via facsimile transmittal to the parties of record listed
below:
Philip Danaher
Mark D. Cronenwett
Mackie Wolf Zientz & Mann, PC
14160 North Dallas Parkway
Parkway Office Center, Suite 900
Dallas, Texas 75254
s/s/ James Minerve
James Minerve
Appellant's Motion to Exceed Word Count Page 3
Nemer Massaad v. Wells Fargo Bank National Association as Trustee for Option One Mortgage Loan Trust 2006-3, Asset Backed Certificates, Series 2006-3
Combined Opinion