Michael W. Schuetz and Jamie K. Schuetz v. Source One Mortgage Services Corporation Mortgage Electronic Registration Systems, Inc. Citimortgage, Inc. Barrett Daffin Frappier Turner & Engle Robert Ferguson, and Barbara Ferguson
ACCEPTED
03-15-00522-CV
8260871
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/16/2015 11:20:25 AM
JEFFREY D. KYLE
CLERK
NO. 03-15-00522-CV
FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
IN THE THIRD COURT OF APPEALS
12/16/2015 11:20:25 AM
AUSTIN, TEXAS JEFFREY D. KYLE
Clerk
MICHAEL SCHUETZ AND JAMIE K. SCHUETZ.
Appellants,
V.
SOURCE ONE MORTGAGE SERVICES CORPORATION; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC.; CITIMORTGAGE, INC.;
AND BARRETT DAFFIN FRAPPIER TURNER & ENGEL, LLP; ROBERT
FERGUSON, AND BARBARA FERGUSON
Appellees.
On Appeal from Cause No. C2013-1445C
th
274 Judicial District Court, Comal County, Texas
Honorable Dib Waldrip, Judge Presiding
UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE APPELLEE’S BRIEF
TO THE HONORABLE THIRD COURT OF APPEALS:
Pursuant to Texas Rule of Appellate Procedure 38.6(d), Appellee, Barrett
Daffin Frappier Turner & Engel, LLP (“Barrett Daffin”) respectfully requests the
Court to extend time to file its brief by thirty (30) days to February 3, 2016. In
support thereof, Appellee Barrett Daffin shows as follows:
A. Introduction
1. The Clerk’s Record on Appeal was filed herein on September 4, 2015.
Appellants Michael Schuetz and Jamie Schuetz filed their brief on December 2,
2015.
2. Appellees CitiMortgage, Inc., individually and as successor by merger
to Source One Mortgage Services Corporation, and Mortgage Electronic
Registration Systems, Inc. obtained an extension of time to file their brief, making
their brief deadline on February 3, 2016.
3. Appellee Barrett Daffin’s brief is due on January 4, 2016
4. Appellee Barrett Daffin requests an extension of time to file
Appellee’s brief for thirty (30) days until February 3, 2016.
B. Facts and Basis for Relief
5. The Court has the authority under Texas Rule of Appellate Procedure
38.6(d) to extend the time to file Appellee’s Brief and no rule provides a deadline
to file this motion to extend. See TEX. R. APP. P. 38.6(d).
6. No previous extensions have been granted to extend the time to file
Appellee’s Brief.
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7. Counsel for Appellee Barrett Daffin, Mark D. Hopkins has multiple
appellate court deadlines during late December and early January. These include
the following:
a. December 28, 2015: Case No. 15-20201; Deutsche Bank National
Trust Company, As Trustee v. Joanna and John Burke; In the
United States Court of Appeals for the Fifth Circuit – Reply Brief
due.
b. January 11, 2015: Case No. 15-50881; Jillian Johnson v. World
Alliance Financial Corp., et al.; In the United States Court of
Appeals for the Fifth Circuit – Appellees’ Brief due.
8. Further, Counsel will be out of the office for a short period of time
over the holidays. Therefore, Counsel requests a short extension in order to
adequately devote the time necessary to all matters.
9. Counsel for Appellant and all counsel for Co-Appellees have
indicated that they are unopposed to this motion
C. Conclusion
10. Appellee Barrett Daffin, therefore, requests that its deadline to file
brief be extended until April 29, 2014, to give Appellee Barrett Daffin additional
time to adequately prepare its response.
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D. Prayer
WHEREFORE, Appellee Barrett Daffin respectfully requests the Court to grant
an extension of time of thirty (30) days to February 3, 2016.
Respectfully submitted,
By: _/s/ Mark D. Hopkins______
Mark D. Hopkins
State Bar No. 00793975
Shelley L. Hopkins
State Bar No. 24036497
Hopkins Law, PLLC
12117 Bee Caves Road, Suite 260
Austin, Texas 78738
(512) 600-4320 – Telephone
(512) 600-4326 – Facsimile
mark@hopkinslawtexas.com
shelley@hopkinslawtexas.com
ATTORNEYS FOR APPELLEE
CERTIFICATE OF CONFERENCE
On December 15, 2015, I certify that I was to confer with counsel for
Appellant and counsel for Appellees, all of whom indicated they were unopposed
to this request for an extension.
_/s/ Mark D. Hopkins___________
Mark D. Hopkins
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CERTIFICATE OF SERVICE
I hereby certify that on December 16, 2015, the foregoing Motion to
Extend Time to File Appellee’s Brief has been forwarded to the following via
electronic filing:
Stephen Casey
info@caseylawoffice.us
CASEY LAW OFFICE, P.C.
595 Round Rock West Drive, Suite 102
Round Rock, Texas 78681
Counsel for Appellants
David Pfeuffer
dpfeuffer@nblawyers.net
BRAZLE & PFEUFFER, L.L.P.
170 E. San Antonio Street
New Braunfels, TX 78130
Counsel for Appellees (Fergusons)
B. David L. Foster
dfoster@lockelord.com
Susan A. Kidwell
skidwell@lockelord.com
Daniel Durell
Daniel.durell@lockelord.com
LOCKE LORD LLP
600 Congress Avenue, Ste 2200
Austin, TX 78701
Counsel for Appellees (CitiMortgage & MERS)
/s/ Mark D. Hopkins
Mark D. Hopkins
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