Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 4/24/2015 5:37:02 PM JEFFREY D. KYLE Clerk No.03-14-00202-CV THIRD COURT OF APPEALS 4/24/2015 5:37:02 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-14-00202-CV *1 ACCEPTED [5032109] CLERK IN THE COURT OF APPEALS THE THIRD DISTRICT OF TEXAS AUSTIN TEXAS NEMER MASSAAD, and all other OCCUPANTS Appellant V.
WELLS FARGO BANK NATIONAL ASSOCIATION AS TRUSTEE
FOR OPTION ONE MORTGAGE LOAN TRUST 2006-3, ASSET BACKED CERTIFICATES, SERIES 2006-3 Appellee.
Appeal from the County Court at Law Number One Travis County, Texas Trial Court Case No. C-I-CV-14-000401 Hon. Joe Carroll, presiding MOTION TO ALLOW APPELLANT'S BRIEF TO EXCEED WORD COUNT *2 TO THE HONORABLE COURT OF APPEALS:
COMES NOW APPELLANT, NEMER MASSAAD, and files this Motion to
Allow Appellant's Brief to Exceed Word Count, and respectfully shows the
following:
1. Concurrently with this Motion, Appellant filed his Motion for Rehearing en
bane.
2. Appellant's Motion for Rehearing en bane is approximately 5,202 words,
excluding the parts of the brief exempted by Tex.R.App.P. 9.4(i)(2)(D). A
motion for rehearing may typically not exceed 4,500 words.
3. It order to adequately address the Court's original holding and the
Appellee's Brief, it was necessary to exceed the word count as stated.
4. Appellant respectfully requests the Court to accept the Motion for
Rehearing.
WHEREFORE, PREMISES CONSIDERED, Appellant prays this Court grant his
Motion to Allow Appellant's Brief to Exceed Word Count.
Respectfully submitted, By: /s/ James Minerve State Bar No. 24008692 115 Saddle Blanket Trial Buda, Texas 78610 (210) 336-5867 *3 (888) 230-6397 (Fax) Attorney for Appellant, Nemer Massaad CERTIFICATE OF CONFERENCE On April 23, 2015, the undersigned counsel for Appellant attempted to
Communicate with counsel for Appellee, Mark Cronenwett, concernmg the
foregoing Motion. Mr. Cronenwett did not consent nor oppose.
/s/ James Minerve James Minerve CERTIFICATE OF SERVICE I hereby certify that on this 24th day of April, 2015, a true and correct copy
of the above and foregoing document was sent via Efile.txcourts.gov electronic
filing notification system and via facsimile transmittal to the parties of record listed
below:
Philip Danaher
Mark D. Cronenwett
Mackie Wolf Zientz & Mann, PC
14160 North Dallas Parkway
Parkway Office Center, Suite 900
Dallas, Texas 75254
s/s/ James Minerve