*0 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 11/25/2015 1:34:02 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 14-15-00203-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 11/25/2015 1:34:02 PM CHRISTOPHER PRINE CLERK NO. 14-15-00203-CV IN THE COURT OF APPEALS FOR THE FOURTEENTH DISTRICT AT HOUSTON, TEXAS

IN THE MATTER OF THE MARRIAGE OF MELBA JO MONTGOMERY, Appellant and

LEO BRIAN MONTGOMERY, Respondent Below v.

STEWART TITLE COMPANY, DARREN MONTGOMERY, and VALARIE GALVAN, Appellees v.

BILAL AQUIL, ET AL, Co-Respondents Below

On appeal from the 310th Judicial District Court of Harris County, Texas

APPELLEES’ RESPONSE TO APPELLANTS’ MOTION FOR

EXTENSION OF TIME TO FILE REPLY BRIEF

McLeod, Alexander, Powel & Apffel, P.C. Anthony P. Brown State Bar No. 03091300 apbrown@mapalaw.com Jocelyn A. Holland State Bar No. 24059965 jaholland@mapalaw.com 802 Rosenberg P. O. Box 629 Galveston, TX 77553 T: (409) 763-2481 F: (409) 762-1155 ATTORNEYS FOR APPELLEES STEWART TITLE COMPANY, DARREN MONTGOMERY, and VALARIE GALVAN *2 T O THE H ONORABLE C OURT :

1. Appellant, Pro Se, has filed a Motion for Extension of Time to file her Reply Brief. In that Motion, Appellant represented to this Court that (1) she had

conferred with Jocelyn Holland, counsel for Appellees, regarding the merits of her

Motion, and (2) Appellees were unopposed to her request for an extension.

2. However, contrary to her Certificate of Service, Appellant never contacted Jocelyn Holland, or any other attorney at Ms. Holland’s law firm of

McLeod, Alexander, Powel & Apffel, P.C., regarding her request for an extension.

See Exhibit A to this Response. Appellees were unaware of Appellant’s intent to

request an extension until they were served with her Motion yesterday, November

24, 2015.

3. In fact, Appellees were unaware of the Motion to Withdraw attached to Appellant’s Motion, until yesterday. Further, that Motion is inconsistent with the

representations that Appellant’s counsel, Gogo Owor, made to the undersigned counsel for Appellant in an email dated October 29, 2015. See Exhibit B attached

hereto. This directly contradicts the correspondence referenced in Appellant's

Motion. Thus, the issue of who - if anyone - represents Appellant Melba

Montgomery in this Appeal is an elusive, moving target.

4. That said, Appellees are unopposed Appellant’s request for an extension of time to file her Reply Brief.

Respectfully Submitted, McLeod, Alexander, Powel & Apffel, P.C. /s/ Anthony P. Brown Anthony P. Brown State Bar No. 03091300 Jocelyn A. Holland State Bar No. 24059965 802 Rosenberg; P. O. Box 629 Galveston, Texas 77553 (409) 763-2481; (281) 488-7150 (409) 762-1155 – Facsimile apbrown@mapalaw.com jaholland@mapalaw.com ATTORNEYS FOR APPELLEES *4 CERTIFICATE OF SERVICE I hereby certify that on this, the 25th day of November, 2015, a true and

correct copy of the foregoing Response was served by email on the following party and attorney:

Melba Jo Montgomery, Pro Se

17427 Atascacita Bend Dr.

Humble, TX 77396

713-291-2011

melbajmont@yahoo.com

Gogo Owor

Law Office of Gogo U.K. Owor & Associates, P.L.L.C.

6475 Hillcroft Avenue, Suite B

Houston, TX 77081

Tel: (713) 778-8000

Fax: (713) 779-4646

attorney@gogolaw.net

/s/ Jocelyn A. Holland Jocelyn A. Holland

EXHIBIT A

NO. 14-15-00203-CV IN THE COURT OF APPEALS FOR THE FOURTEENTH DISTRICT AT HOUSTON, TEXAS IN THE MATTER OF THE MARRIAGE OF MELBA JO MONTGOMERY, Appellant and

LEO BRIAN MONTGOMERY, Respondent Below v.

STEWART TITLE COMPANY, DARREN MONTGOMERY, and VALARIE GALVAN, Appellees V.

BILAL AQUIL, ET AL, Co-Respondents Below AFFIDAVIT OF JOCELYN A. HOLLAND § THE STATE OF TEXAS

§ § COUNTY OF GALVESTON BEFORE ME, the undersigned authority, on this day personally appeared Jocelyn A. Holland, who being by me duly sworn, deposed and stated under oath

as follows:

"My name is Jocelyn A. Holland. I am counsel for Appellees, Stewart Title Company, Darren Montgomery, and Valerie Galvan, in this case. I am over the age of 18 and I am of sound mind. I have personal knowledge of the matters stated herein.

Appellant Melba Jo Montgomery never contacted me or conferred with me regarding her request for an extension of time to file a Reply Brie£ Ms.

Montgomery also never contacted anyone at my firm regarding her request for an extension.

"FURTHER AFFIANT SA YETH NOT."

SUBSCRIBED AND SWORN TO BEFORE ME, on this the ;i,.s;'h day of

NuVl?rV\fl e0 , 2015.

JOHN V. RABEL My Notaiy ID# 2170938 Expires July 7, 2017 Notary ublic In and For

The State of TEXAS *7 EXHIBIT B Anthony Brown

From: Gogo UK Owor <gogo@gogolaw.net>

Sent: Thursday, October 29, 2015 7:00 PM To: Anthony Brown; Jocelyn Holland Subject: NOTICE OF NON-REPRESENTATION; Case No. 14-15-00203-CV; Melba Jo

Montgomery Dear Mr. Brown: I believe I sent you an incomplete message. On October 13, 2015, I meant to tell you that I am no longer representing

Ms. Melba Montgomery at the District Court Level . As far as the appeal is concern, I am still the attorney of record. Therefore, please forward all appeal’s filings and related communications to me.

Thanks. Gogo U.K Owor

Attorney & Counselor at Law 6475 Hillcroft Ave. Suite B

Houston, Texas 77081 Family.Immigration.Criminal.Civil

Tel: 713 ‐ 778 ‐ 8000

Fax: 713 ‐ 779 ‐ 4646

Website: http://www.gogolaw.net

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