ACCEPTED
03-15-00416-CV
6712642
THIRD COURT OF APPEALS
AUSTIN, TEXAS
8/31/2015 12:00:00 AM
JEFFREY D. KYLE
CLERK
NO. 03-15-00416-CV
OAK MORTGAGE GROUP, INC. § IN THE THIRD CIRCUIT
MICHAEL H. NASSERFAR, §
MICHAEL E. TASK §
and, §
TYCORD R. GOSNAY, §
, § COURT OF APPEALS
APPELLANTS', §
§
FILED IN
VS. § 3rd COURT OF APPEALS
§ AUSTIN, TEXAS
AMERIPRO FUNDING, INC., § AUSTIN, TEXAS 8/31/2015 12:00:00 AM
JEFFREY D. KYLE
§ Clerk
APPELLEE. §
__________________________________________________________________
APPELLANTS' UNOPPOSED
MOTION TO EXTEND TIME TO FILE BRIEF
__________________________________________________________________
TO THE HONORABLE COURT:
OAK MORTGAGE GROUP, INC. (hereinafter, when the context so
requires, referred to separately as “Oak Mortgage”), Michael H. Nasserfar,
(hereinafter, when the context so requires, referred to separately as “Nasserfar”),
Michael E. Task (hereinafter, when the context so requires, referred to separately
as “Task”), and Ty R. Gosnay (hereinafter, when the context so requires, referred
to separately as “Gosnay”) (all hereinafter referred to collectively for purposes of
this document as “Appellants”) move the Court of Appeals to extend the time for
Appellants to file Appellants' Opening Brief, and say:
APPELLANTS' UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF PAGE 1
A.
INTRODUCTION
1. Appellants are Oak Mortgage Group, Inc., Michael H. Nasserfar,
Michael E. Task and Ty R. Gosnay. Appellee is Ameripro Funding, Inc..
2. There is no specific deadline to file this Motion to extend time. See, Tex.
R. App 38.6(d).
3. This motion is unopposed.
B.
ARGUMENT & AUTHORITIES
4. The Court of Appeals has the authority under Texas Rule of Appellate
Procedure 38.6 (d) to extend the time to file a brief.
5. Appellants' Opening Brief is due on September 10, 2015.
6. Appellants' request seven (7) additional days to file Appellants'
Opening Brief extending the time until September 17, 2015.
7. No previous extension has been granted to extend the time to file
Appellants' Opening Brief.
8. Appellants need additional time to file Appellants' Opening Brief
because Appellants' counsel, Wm Charles Bundren, Esq., is leaving the United
States of America and traveling to Israel and Jordan beginning on August 29, 2015
and returning on September 12, 2015 for a long planned vacation with his wife and
APPELLANTS' UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF PAGE 2
several other close friends on a preplanned and prepaid tour and will not be able to
devote time to completing the Appellants' Opening Brief during the international
travel.
9. The facts that are included in this Motion are within the personal
knowledge of the attorney signing this Motion and are certified to be true and
accurate.
C.
CONCLUSION
Due to the timing of the completion of the record on appeal and extensions
that were granted to the reporter to complete the reporter's record, and the timing of
the preplanned and prepaid international tour vacation of Appellants' counsel,
additional time is needed to complete Appellants' Opening Brief. An extension of
seven (7) days to complete Appellants' Opening Brief is reasonable and will not
unreasonably delay the prosecution of this action.
D.
PRAYER
For these reasons, Appellants asked the court to grant an extension of time to
file Appellants' Opening Brief until September 17, 2015.
Respectfully submitted,
By: /s/ Charles Bundren
APPELLANTS' UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF PAGE 3
WM. CHARLES BUNDREN & ASSOCIATES
LAW GROUP, PLLC
Wm. Charles Bundren, Esq.
Attorney-in Charge
State Bar No. 03343200
2591 Dallas Parkway, Suite 300
Frisco, Texas 75034
(214) 808-3555 Telephone
(972) 624-5340 Facsimile
e-mail: charles@bundrenlaw.net
ATTORNEY FOR PLAINTIFFS
CERTIFICATE OF SERVICE
The undersigned certifies that on this 29th day of August, 2015, all counsel
of record were served with a copy of this document in accordance with Rule 21a of
the Texas Rules of Civil Procedure by serving the following:
Susan Burton, Esq.
State Bar No. 03479350
GRAVES DOUGHTERY HEARON & MOODY
P.C.
401 Congress., Suite 2200
Austin, Texas 78701
Telephone: (512) 480-5600
Telecopier: (512) 480-5862 (facsimile)
E-mail: sburton@gdhm.com
ATTORNEY FOR AMERIPRO:
__X__by the electronic filing manager pursuant to TRAP 6.3, 9.2 (c)(2), 9.5 (a),
9.5 (b) (1), 9.5(c) (4)and 9.5(e),
____ by certified mail return receipt requested deposited with the United States
Postal Service on the date indicated above pursuant to TRAP 6.3, 9.2 (c)(2), 9.5
(a), 9.5 (b) (1), 9.5(c) (4)and 9.5(e),
APPELLANTS' UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF PAGE 4
__X__ by email at the email address indicated above pursuant to TRAP 6.3, 9.2
(c)(2), 9.5 (a), 9.5 (b) (1), 9.5(c) (4)and 9.5(e),
____ by commercial delivery service deposited with ___________________ on the
date indicated above pursuant to TRAP 6.3, 9.2 (c)(2), 9.5 (a), 9.5 (b) (1), 9.5(c)
(4)and 9.5(e),
and/or
____ by fax at the fax number indicated above pursuant to.
TRAP 6.3, 9.2 (c)(2), 9.5 (a), 9.5 (b) (1), 9.5(c) (4)and 9.5(e),
/s/ Charles Bundren
Wm. Charles Bundren, Esq.
ATTORNEY FOR:
PLAINTIFFS AND
COUNTER-DEFENDANTS
APPELLANTS' UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF PAGE 5