Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 10/30/2015 8:55:05 AM JEFFREY D. KYLE Clerk NO. 03-15-00416-CV THIRD COURT OF APPEALS 10/30/2015 8:55:05 AM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00416-CV *1 ACCEPTED [7610729] CLERK OAK MORTGAGE GROUP, INC. § IN THE THIRD CIRCUIT
MICHAEL H. NASSERFAR, §
MICHAEL E. TASK §
and, §
TYCORD R. GOSNAY, §
, § COURT OF APPEALS
APPELLANTS', §
§
VS. §
§
AMERIPRO FUNDING, INC., § AUSTIN, TEXAS
§ APPELLEE. §
__________________________________________________________________
APPELLANTS' UNOPPOSED MOTION TO EXTEND TIME TO FILE REPLY BRIEF __________________________________________________________________
TO THE HONORABLE COURT:
OAK MORTGAGE GROUP, INC. (hereinafter, when the context so
requires, referred to separately as “Oak Mortgage”), Michael H. Nasserfar,
(hereinafter, when the context so requires, referred to separately as “Nasserfar”),
Michael E. Task (hereinafter, when the context so requires, referred to separately
as “Task”), and Ty R. Gosnay (hereinafter, when the context so requires, referred
to separately as “Gosnay”) (all hereinafter referred to collectively for purposes of
this document as “Appellants”) move the Court of Appeals to extend the time for
Appellants to file Appellants' Reply Brief, and say: *2 A.
INTRODUCTION 1. Appellants are Oak Mortgage Group, Inc., Michael H. Nasserfar,
Michael E. Task and Ty R. Gosnay. Appellee is Ameripro Funding, Inc..
2. There is no specific deadline to file this Motion to extend time. See, Tex.
R. App 38.6(d).
3. This motion is unopposed.
B. ARGUMENT & AUTHORITIES 4. The Court of Appeals has the authority under Texas Rule of Appellate
Procedure 38.6 (d) to extend the time to file a brief.
5. Appellee's Brief was filed on October 7, 2015 and then re-filed on
October 16, 2015.
5. Appellants' Reply Brief is due 20 days after Appellee's Brief is file,
TRAP 38.6(c), which is on either October 27 or November 5, 2015.
6. Appellants' request additional days to file Appellants' Reply Brief
extending the time, if necessary, until November 2, 2015.
7. No previous extension has been granted to extend the time to file
Appellants' Reply Brief. *3 8. Appellants need additional time to file Appellants' Reply Brief
because Appellants' counsel, Wm Charles Bundren, Esq., completed a trial on
October 29, 2015 and, additionally, Mr. Bundren is a member of the Board of
Directors of the United States District Court for the Eastern District of Texas Bar
Association and served as a moderator and board member at the United States
District Court for the Eastern District of Texas Bar Association Bench/Bar
Conference which occurred between October 21, to October 23, 2015. As a result
of these conflicts, the Reply Brief could not be completed earlier.
9. The facts that are included in this Motion are within the personal
knowledge of the attorney signing this Motion and are certified to be true and
accurate.
C.
CONCLUSION Due to these facts, a short extension of time to file Appellants' Reply Brief is
not unreasonable, and the request for the extension is unopposed by Appellee. An
extension to complete Appellants' Reply Brief will not unreasonably delay the
prosecution of this action.
D. PRAYER *4 For these reasons, Appellants asked the court to grant an extension of time to
file Appellants' Reply Brief until November 2, 2015.
Respectfully submitted, By: /s/ Charles Bundren WM. CHARLES BUNDREN & ASSOCIATES LAW GROUP, PLLC Wm. Charles Bundren, Esq. Attorney-in Charge State Bar No. 03343200 2591 Dallas Parkway, Suite 300 Frisco, Texas 75034 (214) 808-3555 Telephone (972) 624-5340 Facsimile e-mail: charles@bundrenlaw.net ATTORNEY FOR PLAINTIFFS CERTIFICATE OF SERVICE The undersigned certifies that on this 30th day of October, 2015, all counsel
of record were served with a copy of this document in accordance with Rule 21a of
the Texas Rules of Civil Procedure by serving the following:
Susan Burton, Esq.
State Bar No. 03479350
GRAVES DOUGHTERY HEARON & MOODY
P.C.
401 Congress., Suite 2200
Austin, Texas 78701
Telephone: (512) 480-5600
Telecopier: (512) 480-5862 (facsimile)
E-mail: sburton@gdhm.com
ATTORNEY FOR AMERIPRO: *5 __X__by the electronic filing manager pursuant to TRAP 6.3, 9.2 (c)(2), 9.5 (a),
9.5 (b) (1), 9.5(c) (4)and 9.5(e),
____ by certified mail return receipt requested deposited with the United States
Postal Service on the date indicated above pursuant to TRAP 6.3, 9.2 (c)(2), 9.5
(a), 9.5 (b) (1), 9.5(c) (4)and 9.5(e),
__X__ by email at the email address indicated above pursuant to TRAP 6.3, 9.2
(c)(2), 9.5 (a), 9.5 (b) (1), 9.5(c) (4)and 9.5(e),
____ by commercial delivery service deposited with ___________________ on the
date indicated above pursuant to TRAP 6.3, 9.2 (c)(2), 9.5 (a), 9.5 (b) (1), 9.5(c)
(4)and 9.5(e),
and/or
____ by fax at the fax number indicated above pursuant to.
TRAP 6.3, 9.2 (c)(2), 9.5 (a), 9.5 (b) (1), 9.5(c) (4)and 9.5(e),
/s/ Charles Bundren Wm. Charles Bundren, Esq. ATTORNEY FOR: PLAINTIFFS AND COUNTER-DEFENDANTS