Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 12/3/2015 10:05:28 AM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-01-15-0035-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 12/3/2015 10:05:28 AM CHRISTOPHER PRINE CLERK CASE NO. 01-15-00335-CV _________________________________ IN THE COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON, TEXAS __________________________________ CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC APPELLANTS V.
5433 WESTHEIMER, LP; 5433 WESTHEIMER, GP LLC; and SONGY5433
WESTHEIMER, APPELLEES __________________________________ MOTION TO EXTEND TIME TO FILE CLERK’S RECORD
_________________________________
TO THE HONORABLE JUSTICES OF SAID COURT:
COMES NOW, CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC
Appellants herein, and move this Court to extend the File Clerk’s Record Tex. R.
App. P. 5 .
In support thereof, Appellants would show as follows:
I The Appellant did not pay for the District Clerk’s record. There was a
misunderstanding and Appellant was under the impression that all monetary requirements
had been met. Appellant understands that there were several notifications issued by the
Court; however, Appellant did not open an e-mail and the postcards were never brought
to his attention.
II On April 14, 2015, Appellants filed a Notice of Appeal was assigned to the First
Court of Appeals. In error, Appellant did not request either Record until the first week in
May; when the error was discovered, Appellant requested both records immediately.
III.
A reasonable period should be allowed prior to the filing of the records,
Appellants asks that this Court allow an additional thirty (30) days to allow time for the
Clerk’s record to be filed. Appellant filed the credit card information for the cost of the
clerk’s record on November 11, 2015. The payment or request is not showing in the
clerk’s on line record. Appellant will call the Harris County District Clerk’s office for a
status update and will contact this Court if there are any problems. Further, Appellant
has not received a receipt for payment and that will be part of the conversation with the
Clerk’s office.
PRAYER WHEREFORE, THESE PREMISES CONSIDERED, Appellants pray that this
Court extend the time for the filing of Clerk’s record for thirty (30) days and to grant
such other and further relief to which Appellants may show themselves justly entitled.
Respectfully submitted, OPPEL & GOLDBERG, P.L.L.C. _____ /s/ _ Jeffrey Wells Oppel ________________ Jeffrey Wells Oppel TSBN 15291800 1010 Lamar, Suite 1420 Houston, Texas 77002 713-659-9200 (Phone) 713-659-9300 (Fax) joppel@ogs-law.com ATTORNEY FOR APPELLANT *4 CERTIFICATE OF SERVICE I hereby certify that in compliance with Rule 21a, Texas Rules of Civil Procedure,
a copy of the foregoing instrument was properly served via Electronic Filing on this the
1 st day of December, 2015, on the attorney-of-record as follows:
Lansford O. Ireson, Jr.
I RESON & W EIZEL , PLLC
9720 Cypresswood Dr., Suite 238
Houston Texas 77070
(713) 228-1160
(713) 228-1161
__ /s/ _ Jeffrey Wells Oppel ________ Jeffrey Wells Oppel