Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 2/27/2015 12:01:31 PM JEFFREY D. KYLE Clerk *1 ACCEPTED 03-14-00529-CV 4312640 THIRD COURT OF APPEALS AUSTIN, TEXAS 2/27/2015 12:01:31 PM JEFFREY D. KYLE CLERK NO. 03-14-00529-CV
3Jn tbe \!rbirb (!Court of ~ppeals JEROME J. ISAAC AND MICHELLE P. ISAAC, Appellants, v.
VENDOR RESOURCE MANAGEMENT, INC.; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC. AND CITIMORTGAGE, INC., Appellees.
On Appeal from Cause No. 13-04720-C26 26 [1] h District Court, Williamson County, Texas Han. Billy Ray Stubblefield, Judge Presiding UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLEE VENDOR RESOURCE MANAGEMENT TO THE HONORABLE THIRD COURT OF APPEALS:
Comes now, VENDOR RESOURCE MANAGEMENT, INC. ("Appellee") and respectfully
move the Court to extend the time to file APPELLEE'S BRIEF by 30 days to April 3, 2015 and
for said motion would show the Court as follows:
A. Background 1. The notice of appeal for this cause was filed on August 26, 2014 and the Clerk's
Record was filed on November 6, 2014. *2 2. The Reporter's Record was filed on November 17, 2014. Appellant's brief was filed
on February 2, 2015, after a notice of late brief and the granting of an unopposed extension.
3. Appellee's brief is currently due on March 4, 2015. Appellee requests an additional 30
days to file Appellee's brief, extending the due date to April 3, 2015.
B. Argument Authorities 4. No rule limits the time to file this motion to extend. The Court may grant an extension
of time under Texas Rule of Appellate Procedure 38.6(d).
5. No previous extension of time to file Appellee's brief has been granted nor sought in
this matter.
6. Appellee asks that the Court grant an extension of time to file Appellee's brief from
such due date, or such other date as the court calculates, until April 3, 2015. Appellee's counsel
has been unable to devote an appropriate effort to preparation of the brief due to professional and
personal demands on Appellee's Counsel's time. During the briefing period, Appellee's counsel
had due two motions for summary judgment and two answers for suits filed in federal court in
addition to his usual case load and court appearances. In addition, Appellee's counsel had three
significant family obligations during the briefing period that have made it difficult to work
during the evenings and on weekends. D. Prayer 7. For these reasons, Appellee asks the Court to grant an extension of time to file its brief
until April3, 2015 and grant Appellee such other and further reliefto which it may be entitled or
is in the interest of justice. *3 Respectfully Submitted, JACK O'BOYLE ASSOCIATES Attorney for Appellee Is/Chris Ferguson o Jack O'Boyle SBN 15165300 o Travis Gray SBN 24044965 XXChris Ferguson SBN 24069714 P.O. Box 815369 Dallas, Texas 75381 Phone: 972.247.0653 Fax: 972.247.0642 chris@jackoboyle.com Certificate Regarding Conference I conferred with Appellant's Attorney, Michael Brinkley, by email on February 26, 2015 and Mr. Brinkley stated that he is not opposed to this motion. In addition, I also contacted
counsel for the other Appellee's, John Ellis, and he too is unopposed to this motion.
Date: February 27, 2015
Is/Chris Ferguson Chris Ferguson Certificate of Service I certifY that on February 27, 2015 a true and correct copy of the foregoing was served via EFILETx.Gov e-service upon the following:
Michael Brinkley Susan A. Kidwell and John W. Ellis
BRINKLEY LAW, PLLC Locke Lord L.L.P. TBN: 03004300 jellis@lockelord.com
m@michaelbrinkley .com TBN: 24032626 TBN: 24078473
P.O. BOX 820711 600 Congress A venue, Suite 2200
FORTH WORTH, TEXAS 76182 Austin, Texas 78701
P: 817.284.3535 II F: 888.388.6031 P: 512.305-470011F:512.305.4800
Counsel for Michelle P. and Jerome Counsel for Citimortgage, Inc., and
J. Isaac Mortgage Electronic Registration
Systems, Inc. Is/Chris Ferguson Chris Ferguson