ACCEPTED
03-15-00362-CV
7513722
THIRD COURT OF APPEALS
AUSTIN, TEXAS
10/23/2015 11:40:47 AM
JEFFREY D. KYLE
CLERK
No. 03-15-00362-CV
____________________________________________ FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
COURT OF APPEALS 10/23/2015 11:40:47 AM
for the JEFFREY D. KYLE
THIRD DISTRICT OF TEXAS Clerk
________________________________________
Colette Custer,
Appellants,
v.
Wells Fargo Bank, N.A.,
Appellee.
________________________________________
Appeal from the County Court at Law No. 1
of Travis County, Texas
Honorable Todd Wong, Presiding Judge
________________________________________
MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF
________________________________________
Sammy Hooda
State Bar No. 24064032
sammy.hooda@buckleymadole.com
Buckley Madole
14841 Dallas Parkway, Suite 425
Dallas, Texas 75242
Telephone: 972-643-6600
Facsimile: 972-643-6699
Attorneys for Appellee
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MOTION TO EXTEND TIME FOR FILING APPELLEE’S BRIEF
Appellee Wells Fargo Bank, N.A., requests the Court grant it an extension of
time to file Appellee’s Brief, and in support hereof respectfully shows the Court:
1. The Court’s docket states Appellee’s Brief was due on October 19, 2015.
2. Appellee, reasonably believed its Brief was due either on:
a. October 22, 2015, based on Appellant’s Brief being received on
September 23, 2015; or
b. October 27, 2015, based on Appellant’s Brief being filed on
September 28, 2015.
3. Appellee reasonably believed this was an appeal from the trial court’s final
judgment, rather than, an interlocutory appeal, thus being governed by the
rules for an accelerated appeal.
4. Appellee is filing its Brief contemporaneously with this Motion to Extend.
5. This is Appellee’s first request for extension of time to file its Brief.
6. The extension is not being sought for delay, but so justice can be done.
7. This motion complies with requirements of TEX. R. APP. P. 10.1(5) and
10.5(b).
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Respectfully submitted,
/s/ Sammy Hooda
Sammy Hooda
State Bar No. 24064032
sammy.hooda@buckleymadole.com
Buckley Madole
14841 Dallas Parkway, Suite 425
Dallas, Texas 75242
Telephone: 972-643-6600
Facsimile: 972-643-6699
Attorneys for Appellee
CERTIFICATE OF CONFERENCE
The undersigned certifies that it was unable to confer with Appellant on the
merits of this Motion to Extend because Appellee does not have Appellant’s phone
number or an email address to make contact.
/s/ Sammy Hooda
Sammy Hooda
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of this Motion to Extend was served by
certified mail, return receipt requested on the 23rd day of October, 2015 on the
following:
Collette Custer
20433 Rita Blanca Circle
Pflugerville, Texas 78660
/s/ Sammy Hooda
Sammy Hooda
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