Colette Custer v. Wells Fargo Bank, N.A.

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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 1 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). 2 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 3