Case Information
*0 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 7/31/2015 4:53:59 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 14-14-00861-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 7/31/2015 4:53:59 PM CHRISTOPHER PRINE CLERK No. 14-14-00861-CV I N THE C OURT OF A PPEALS F OR THE F OURTEENTH D ISTRICT H OUSTON , T EXAS T HERESA W ASHINGTON -J ARMON , A PPELLANT , V .
O NE W EST B ANK , FSB, A PPELLEE .
A PPEAL FROM 215 TH J UDICIAL D ISTRICT C OURT , H ARRIS C OUNTY , T EXAS UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLEE’S RESPONSE BRIEF D YKEMA G OSSETT PLLC State Bar No. 24068703 thanson@dykema.com D YKEMA C OX S MITH 1717 Main Street, Suite 4200 Dallas, Texas 75201 (214) 462-6400 – Telephone (214) 462-6401 – Facsimile July 31, 2015
TO THE HONORABLE JUSTICES OF THIS COURT:
Appellee OneWest Bank N.A., formerly known as OneWest Bank, FSB
(“Appellee”) respectfully requests an extension of time to file its Response Brief.
Appellant Theresa Washington-Jarmon (“Ms. Washington-Jarmon”) has informed
counsel for Appellee that she does not oppose the requested relief. In support of
this Motion, Appellee would respectfully show the Court as follows:
1. The District Court granted Appellee’s motion for summary judgment
on May 9, 2014. Ms. Washington-Jarmon subsequently initiated this appeal on
October 23, 2014.
2. Ms. Washington-Jarmon’s brief on appeal was filed on July 1, 2015,
and Appellee’s brief is due on July 31, 2015.
3. The dispute in this case hinges on whether Ms. Washington-Jarmon is
a borrower under her Home Equity Conversion Mortgage, as she contends, or
whether she is a non-borrower spouse, as Appellee contends. Due to a recent
change in policy by the U.S. Department of Housing and Urban Development,
which administers the federal Home Equity Conversion Mortgage program, the
parties have an opportunity to resolve this matter which has not previously been
available. In order to allow the Parties time to explore this settlement
opportunity, Appellee respectfully requests a 30-day extension of time to file its
brief.
5. Ms. Washington-Jarmon will not be prejudiced if the requested relief
is granted. Indeed, counsel for Ms. Washington-Jarmon stated on July 31, 2015
that he is unopposed to the relief sought herein. Further, even though Ms.
Washington-Jarmon has not filed a supersedeas bond in the District Court,
Appellee has voluntarily abated foreclosure proceedings during this appeal, despite
having authority to proceed with foreclosure following the District Court’s grant of
summary judgment. Accordingly, any additional time granted by this Court inures
to Ms. Washington-Jarmon’s benefit. This relief is not sought solely for delay or to prejudice any party, but
rather so that justice may be done.
For the reasons stated above, Appellee OneWest Bank N.A. respectfully
requests that this Court grant this Unopposed Motion to Extend Time to File
Appellee’s Brief and extend Appellee’s deadline to file its brief by 30 days.
Appellee further requests that this Court grant it any additional relief, in law or in
equity, to which it is justly entitled.
Date: July 31, 2015
Respectfully submitted, /s/ Thomas M. Hanson State Bar No. 24068703 thanson@dykema.com D YKEMA C OX S MITH 1717 Main Street, Suite 4200 Dallas, Texas 75201 (214) 462-6400 – Telephone (214) 462-6401 – Facsimile ATTORNEYS FOR APPELLEE ONEWEST BANK N.A.
CERTIFICATE OF CONFERENCE The undersigned certifies that on July 31, 2015, he conferred with counsel
for Appellant who stated that neither he nor Appellant oppose the relief requested
in this Motion.
/s/ Thomas M. Hanson . Thomas M. Hanson CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the foregoing
Motion was served upon Appellant’s counsel by electronic service on July 31,
Michael Hooper
P.O. Box 2134
Frisco, Texas 75305
mhooper@hooperlawfirm.net
COUNSEL FOR APPELLANT
/s/ Thomas M. Hanson .