Ben Melton v. CU Members Mortgage, a Division of Colonial Savings, F.A. And First Western Title Co.

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ACCEPTED 03-15-00339-CV 7639523 THIRD COURT OF APPEALS AUSTIN, TEXAS 11/2/2015 1:30:32 PM JEFFREY D. KYLE CLERK NO. 03-15-00339-CV FILED IN IN THE COURT OF APPEALS 3rd COURT OF APPEALS THIRD JUDICIAL DISTRICT OF TEXAS AUSTIN, TEXAS 11/2/2015 1:30:32 PM AUSTIN, TEXAS JEFFREY D. KYLE Clerk BEN MELTON, APPELLANT, v. CU MEMEBERS MORTGAGE, A DIVISION OF COLONIAL SAVINGS, F.A., FIRST WESTERN TITLE CO., AND BOB MIMS, APPELLEES. Appeal from the 340th Judicial District Court Tom Green County, Texas Trial Court Case No. C130102 Hon. Jay Weatherby, presiding MOTION FOR EXTENSION OF TIME TO FILE APPELLEES BRIEF TO THE HONORABLE COURT OF APPEALS: Pursuant to Texas Rule of Appellate Procedure 10.5(b), Appellees CU Members Mortgage, a division of Colonial Savings, F.A. (“Colonial”) and First Western Title Co. (“First Western”) or collectively (“Appellees”), respectfully move the Court to extend the time for filing Appellees’ Brief by 30 days, such that MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ BRIEF PAGE 1 the deadline to file same is December 9, 2015. Appellant Ben Melton is unopposed the requested extension. 1. The clerk’s record was filed on August 10, 2015, and the supplemental record was filed on August 18, 2015. 2. The reporter’s record was filed on July 14, 2015. 3. Appellant’s Brief was filed on October 9, 2015. 2. Pursuant to Texas Rules of Appellate Procedure 4.1(a) and 38.6(b), Appellees’ Brief is currently due on November 8, 2015. 3. Appellees request a 30-day extension of the time in which to file their Brief, such that the deadline for filing same would be moved to and including December 8, 2015. 4. In support of the requested extension, Appellees would show that Mark D. Cronenwett, counsel for Appellees responsible for preparing Appellees’ Brief, has been busy on other cases, which has cut into the briefing period and impeded Appellees’ ability to prepare its Brief by the deadline. 5. No previous extensions of time for filing Appellees’ Brief has been sought by or granted to Appellees in this appeal. Appellees seek this extension not for the purpose of delay, but so that justice may be done. MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ BRIEF PAGE 2 PRAYER WHEREFORE, Appellees pray that this Court grant this Motion and extend the time for filing Appellees’ Brief by 30 days, such that the deadline is reset to December 8, 2015. Appellees further pray for such other and further relief to which they may be justly entitled, at law or in equity. Respectfully submitted, By: /s/ Mark D. Cronenwett MARK D. CRONENWETT Texas Bar No. 00787303 mcronenwett@mwzmlaw.com MACKIE WOLF ZIENTZ & MANN, PC 14160 N. Dallas Parkway, Suite 900 Dallas, Texas 75254 (214) 635-2650 (214) 635-2686 (Fax) ATTORNEYS FOR APPELLEES CU Members Mortgage, a division of Colonial Savings, F.A. and First Western Title Co. CERTIFICATE OF CONFERENCE The undersigned certifies that he conferred with counsel for Appellant regarding the merits of the foregoing Motion and Appellant is not opposed. /s/ Mark D. Cronenwett MARK D. CRONENWETT MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ BRIEF PAGE 3 CERTIFICATE OF SERVICE I hereby certify that on the 2nd day of November, 2015, a true and correct copy of the foregoing was served via the state electronic filing service to the counsel of record listed below: James C. Mosser Mosser Law PLLC 2805 Dallas Parkway, Suite 222 Plano, Texas 75093 courtdocuments@mosserlaw.com Larry W. Bale Hay, Wittenburg, Davis, Caldwell & Bale, LLP P O Box 271 San Angelo, Texas 76902-0271 lwb@hwdcb.com Gregory Sherwood P O Box 200613 Austin, Texas 78720-0613 gsherwood@mail.com /s/ Mark D. Cronenwett___________ MARK D. CRONENWETT MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ BRIEF PAGE 4