ACCEPTED
02-17-00354-CV
SECOND COURT OF APPEALS
FORT WORTH, TEXAS
12/21/2017 9:19 PM
DEBRA SPISAK
CLERK
Case No. 02-17-00354-CV
IN THE COURT OF APPEALS FILED IN
FOR THE SECOND DISTRICT OF TEXAS 2nd COURT OF APPEALS
FORT WORTH, TEXAS
12/21/2017 9:19:04 PM
_____________________________________________________
DEBRA SPISAK
Clerk
KELLIE D. RIDER and SAMUEL RIDER,
Appellants
v.
21st MORTGAGE CORPORATION, a Delaware Corporation,
and BOSHOME, LLC
Appellees
_____________________________________________________
On Appeal from the 348th District Court of Tarrant County, Texas
Cause No. 348-286331-16
______________________________________________________________________________
UNOPPOSED MOTION TO EXTEND DEADLINE TO FILE
APPELLANTS’ BRIEF
__________________________________________________________________
TO THE HONORABLE SECOND COURT OF APPEALS:
NOW COME, Kellie D. Rider and Samuel Rider, Appellants and
respectfully ask the Court to extend the time to file the Appellants’ Brief, and
would show unto the Court as follows, to-wit:
I.
1. Appellants are Kellie D. Rider and Samuel Rider; Appellees are 21st
Mortgage Corporation, a Delaware Corporation, and BosHome, LLC.
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2. Appellants’ deadline to file their Appellants' Brief is December 27,
2017.
3. Appellants need additional time to file their brief because with
preparation and travel, Appellant’s counsel was out of the office the majority of
the week of December 4th due to attending oral argument in the Fifth Circuit
Court of Appeals in Case No. 16-11806; George Clark, et al v. Deutsche Bank
Nat’l Trust Co, et al. Upon returning to the office, Appellant’s counsel had dental
extractions which caused him to be out of the office for several days last week. In
addition, due to office closings for the holidays, Appellants need additional time to
file their brief.
4. Appellants therefore request that the Court grant an extension of 30 days
of the deadline to file their Appellants’ brief, up to and including January 26,
2018. This is the first request for an extension of time.
5. The undersigned has conferred with opposing counsel, who indicated
this motion is unopposed.
Prayer
WHEREFORE, PREMISES CONSIDERED, Appellants request that
Appellants’ deadline to file Appellants’ Brief be extended up to and including
January 26, 2018, and for such other and further relief, both general and special, at
law and in equity, to which they may show themselves justly entitled.
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Respectfully submitted,
/s/ J.B. Peacock, Jr.
J.B. Peacock, Jr.
State Bar No. 15678500
David M. Vereeke
State Bar No. 20547500
Todd W. Hutton
State Bar No. 24012880
GAGNON, PEACOCK & VEREEKE, P.C.
1349 Empire Central Drive
Suite 500, Lock Box 56
Dallas, Texas 75247
Telephone: (214) 824-1414
Facsimile: (214) 824-5490
Email: attorneys@gapslaw.com
ATTORNEYS FOR APPELLANTS
CERTIFICATE OF CONFERENCE
I certify that our office contacted the attorney for Appellees, Mr. Bennett
Wyse and Mr. Joseph Kimball, to discuss the merits of this motion. Both Mr.
Wyse and Mr. Kimball are unopposed.
/s/ J.B. Peacock, Jr.
Of Gagnon, Peacock & Vereeke, P.C.
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VERIFICATION
STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned authority, personally appeared J.B.
Peacock, Jr., known to me the person whose name is subscribed below, and on
oath, deposed and stated that he is an attorney for Appellants in the above-
entitled and numbered cause; that he is duly authorized to make this affidavit;
that he has read the above and foregoing Unopposed Motion to Extend
Time to File Appellants' Brief, and that the facts set forth, are true and correct
and within his personal knowledge.
SUBSCRIBED AND SWORN before me, this the 21st day of December, 2017,
to certify which witness my hand and seal of office.
r Ed\
, f ,
Teresa Espinoza
•otars
• Pu blic.
I t !Maleor
Nota in and for e State of Texas
oF Expires 10-15-2018
CERTIFICATE OF SERVICE
I certify that on the 21st day of December, 2017, a true and correct copy of
the foregoing document was served by electronic means on the following parties:
1. The attorney for Appellee 21st Mortgage Corp., Bennett Wyse at
bwyse@txtnlaw.com ; and the attorney for Appellee BosHome, LLC,
Joseph Kimball at jkimball@stockyardslawfirm.com .
Is/ J.B. Peacock, Jr.
J.B. Peacock, Jr.
Attorney of Record for Appellants
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