Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 6/22/2015 12:18:14 AM JEFFREY D. KYLE Clerk No. 03 – 13 – 00123 - CV THIRD COURT OF APPEALS 6/22/2015 12:18:14 AM JEFFREY D. KYLE AUSTIN, TEXAS 03-13-00123-CV *1 ACCEPTED [5759010] CLERK In The Court Of Appeals For The Third Court Of Appeals District Austin, Texas
FRANCIS WILLIAMS MONTENEGRO, Appellant,
v. WELLS FARGO Appellee.
ON APPEAL FROM COUNTY COURT AT LAW #2 TRAVIS COUNTY, TEXAS TRIAL COURT CAUSE NO. C-1-CV-12-006182 APPELLANTS’ MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR REHEARING Counsel for Francis Williams Montenegro and Lynda Williams Street MontenegroLaw@gmail.com *2 Identity of Parties and Counsel Appellant:
Francis Williams Montenegro
Lynda Williams
Appellant’s Counsel:
State Bar No. 21533500
Email: Montenegrolaw@gmail.com
Appellee:
Wells Fargo Bank, NA
Appellee’s Counsel:
Kirk A. Schwartz
Blake Henshaw
H. Gray Burks, IV
SHAPIRO SCHWARTZ, LLP
5450 Northwest Central, Suite 307
Houston, TX 77092
Telephone: (713) 933-1541
(713) 933-1532
Facsimile: (847) 879-4854
Email: kschwartz@logs.com
bhenshaw@logs.com
gburks@logs.com
*3 TO THE HONORABLE SEVENTH COURT OF APPEALS:
Pursuant to TEX. R. APP. P. 49.1, Appellants Francis Williams Montenegro and Lynda Williams, by and through their undersigned attorney
of record, file this Final Motion for Extension of Time to File Motion for
Rehearing, and for cause would show the following:
1) On June 3 2015, this court affirmed the judgment of the trial court in this cause. A Motion for Rehearing of this court’s judgment, then,
was due June 18, 2015
2) Because of the closing and moving of Appellants’ law office, it was very difficult for Appellant Francis Williams Montenegro, representing
himself pro se and also Appellant Lynda Williams, to adequately research
and prepare the issues for his motion for rehearing by the original deadline
of June 18, 2015. The stress of the move also aggravated counsel’s medical
condition for which he was hospitalized three times in the last four months.
Appellant also requests his motion be granted pursuant to TRAP 49.8.
3) No previous motion for extension of time to file the motion for rehearing has been requested or granted.
4) This motion is made not for delay but in the interest of justice. PRAYER FOR RELIEF *4 For the reasons set forth above, Appellant prays that this Court extend the deadline for filing his brief until July 20, 2015
Respectfully submitted, /s/ Francis Williams Montenegro Francis Williams Montenegro Counsel for Appellants St. CERTIFICATE OF CONFERENCE I Francis Williams Montenegro, Attorney for Appellants, hereby certify that
I attempted to contact by email with of Philip Reeves of Shapiro Schwartz,
LLP, counsel for Appellees. On June 19, 2015 I was informed that Mr.
Reeves however is no longer with that firm. That same afternoon I
consulted with Blake Henshaw of Shapiro Schwartz. He can only agree to a
ten (10) day extension.
/s/ Francis Williams Montenegro Counsel for Appellants *5 CERTIFICATE OF COMPLIANCE I, Francis Williams Montenegro, Counsel for Appellants, certify that the word count for this motion, as counted by Microsoft Word, is 582.
/s/ Francis Williams Montenegro Francis Williams Montenegro CERTIFICATE OF SERVICE I, Francis Williams Montenegro, Attorney for Appellants, certify that a true
and correct motion of this First Motion to Extend Time to File Appellant’s
Motion for Rehearing was on this 21st of June 2015, delivered to the counsel
for Appellees, SHAPIRO SCHWARTZ, LLP, by electronic service through
CaseFileExpress, and by email at: bhenshaw@logs.com , Attention Blake
Henshaw.
/s/ Francis Williams Montenegro Attorney for Appellants