Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 8/31/2015 1:44:46 PM JEFFREY D. KYLE Clerk No. 03-15-00339-CV THIRD COURT OF APPEALS 8/31/2015 1:44:46 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00339-CV *1 ACCEPTED CLERK

IN THE THIRD COURT OF APPEALS

AT AUSTIN, TEXAS BEN MELTON,

Appellant vs.

CU MEMBER’S MORTGAGE, a division of

COLONIAL SAVINGS, F.A., and FIRST WESTERN TITLE CO.

Appellees th On Appeal from the 340 District Court

of Tom Green County, Texas

Hon. Jay Weatherby Presiding

Trial Court Cause No. C103102C APPELLANT’S UNOPPOSED FIRST MOTION FOR

EXTENSION OF TIME TO FILE APPELLANT’S BRIEF TO THE HONORABLE JUSTICES OF THIS COURT:

Appellant’s Brief in this matter is due September 9, 2015. No

previous extensions have been granted. Appellant asks this court for a 30-

day extension of time to file Appellant’s Brief, which would make the

extended deadline Friday, October 9, 2015. In reviewing the clerk’s record

and first supplemental clerk’s record filed in this appeal, the undersigned

attorney noticed that the June 3, 2015 findings of fact and conclusions of law

concerning appellee CU Member’s Mortgage, a division of Colonial

Savings, F.A. (“CU Member’s Mortgage”) signed by the trial court were not

included in the clerk’s record, only the unsigned copy at Clerk’s Record

340-345. Appellant has filed today a request for second supplemental

clerk’s record with the Tom Green County District Clerk asking that the

signed version of that document be forwarded to this court as a second

supplemental clerk’s record.

Additionally, appellant’s attorney has a brief due on September 8,

2015 in the Fifth Circuit in No. 15-50538, United States v. Ricky Wayne

Levy, also known as Ricky Levy , and counsel is currently working on filing a

petition for a writ of certiorari in the Supreme Court of the United States

seeking review of the Fifth Circuit’s June 25, 2015 opinion in No. 13-51200;

United States v. Jose Zavala .

As a result of the events just discussed, appellant’s counsel cannot

complete Appellant’s Brief by the September 8, 2015 deadline and requests

a 30-day extension, making the brief due by Friday, October 9, 2015.

Certificate of Conference Appellant’s counsel Gregory Sherwood conferred by telephone with

the attorney for appellees in this appeal, Mark D. Cronenwett, concerning

whether appellees would oppose a 30-day extension of time to file

Appellant’s Brief. Mr. Cronenwett stated that he had no opposition to this

requested extension of time.

Respectfully submitted, /s/ Gregory Sherwood GREGORY SHERWOOD ATTORNEY P.O. Box 200613 Austin, Texas 78720-0613 (512) 484-9029 State Bar No. 18254600 Email: gsherwood@mail.com Attorney for Appellant Ben Melton CERTIFICATE OF SERVICE

I hereby certify that a true copy of this document was served on

August 31, 2015 by e-service through the State electronic filing service

provider, or by email, upon the attorney for appellees in this appeal: Mark

Cronenwett, Mackie Wolf, Zientz & Mann, PC, 14150 N. Dallas Parkway,

Suite 900, Dallas, Texas 75254.

/s/ Gregory Sherwood Gregory Sherwood TRAP 9.4 Certificate of Compliance

According to the WordPerfect program used to generate this

document, there are 481 words in this document.

/s/ Gregory Sherwood Gregory Sherwood