Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 11/18/2015 4:37:46 PM CHRISTOPHER A. PRINE Clerk
*1 ACCEPTED 01-15-00716-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 11/18/2015 4:37:46 PM CHRISTOPHER PRINE
CLERK NO. 01-15-00716-CV IN THE FIRST COURT OF APPEALS AT HOUSTON, TEXAS ZIMAC CARE CENTER, INC., VIRGINIA AKUCHIE, ET AL, Appellants, V. NGOZINWEZE Appellee On Appeal from the 127th Judicial District Court Harris County, Texas Cause No. 2011-52006
APPELLANTS' MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS' BRIEF Respectfully submitted, IslKurt G. Clarke Kurt G. Clarke SBN: 04316720 6200 Savoy, Ste. 458 Houston, Texas 77036 Tel: (713) 779-5500 Fax: (713) 779-6668 E-mail: kgclaw@aol.com Attorney for Appellants
*2 NO.01-15-00716-CV IN THE FIRST COURT OF APPEALS AT HOUSTON, TEXAS ZIMAC CARE CENTER, INC., VIRGINIA AKUCHIE, ET AL, Appellants, V. NGOZINWEZE Appellee On Appeal from the 127th Judicial District Court Harris County, Texas Cause No. 2011-52006
APPELLANTS' MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS' BRIEF TO THE HONORABLE COURT OF APPEALS:
COME NOW, ZIMAC CARE CENTER, INC., VffiGINIA AKUCHIE, ET AL, Appellants in the above styled and numbered case and under the authority of Tex.R.App.P. lO.S(b) asks the Court to extend time to file Appellants' brief.
1. Appellants' briefwas due on or about November 5, 2015. *3 2. Appellants request an additional thirty (30) days to file the brief; that is an
extension of time until December 4,2015. 3. Reasonable explanation of the need for more time to file Appellee's brief exists in that: a. Appellants' counsel is solo-practitioner; b. Appellee's counsel had to travel out of the country for important
personal business beginning on November 17, 2015. Exhibit A. c. Prior to leaving the country, Counsel for Appellant was actively engaged in litigating cases in the district and county courts of Harris and Fort Bend Counties.
4. This is Appellants' first Request for an extension of time to file the brief. 5. This extension of time to file Appellants' brief is not sought for delay, but is
necessary so that justice may be done. WHEREFORE, PREMISES CONSIDERED, Appellants, pray the court grant an extension of time allowing Appellants thirty (30) days extension to file the brief. Appellants request any further relief to which it may be justly entitled.
Respectfully submitted, IslKurt G. Clarke Kurt G. Clarke
SBN: 04316720
6200 Savoy, Ste. 458 Houston, Texas 77036
Tel: (713) 779-5500
Fax: (713) 779-6668 E-mail: kgclaw@aol.com Attorney for Appellants
*4 CERTIFICATE OF CONFERENCE I hereby certify that this motion was discussed with Appellee's attorney, Ms. Robin Bluitt on November 18,2015. Ms. Bluitt is "opposed" to an extension of time. Exhibit B.
IslKurt G. Clarke Kurt G. Clarke
*5 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing instrument was forwarded on this the 18th day of November, 2015, either by E-service provider, telecopier, first class mail, certified mail, return receipt requested and/or by messenger to:
Robin A. Bluitt 11152 Westheimer #671 Houston, Texas 77042 Fax # (713) 978-6064 E-mail: atty.bluitt@sbcglobal.net
Isl Kurt G. Clarke Kurt G. Clarke
*6 Depart Arrive (IAH) Houston George (POS) Port of Spain,
UN I T
Bush Intercontinental Ap, TT US 17-Nov-15 (Tue)
United Airlines 17-Nov-15 (Tue) 0141pm 09.lOpm Flight Time. 05hr 29min Class. Economy Stops. nonstop Aircraft. Boeing
737-800 Flight BW601 Depart Arrive (POS) Port of Spain, TT (GEO) Georgetown. 18-Nov-15 (Wed) 06:10am GY
18-Nov-15 (Wed) Caribbean Airlines 0720am Flight Time. 01 hr 10min Class: Economy Stops. nonstop Aircraft. Boeing
737-800 Flight BW460 Depart Arrive ...• (POS) Port of Spain, (GEO) Georgetown, GY TT Arij.~...1"''' ~;.1(rl if"/llJ 01-Dec-15 (Tue) 03.50pm ". 01-Dec-15 (Tue) Caribbean Airlines 0500pm Flight Time. 01 hr 10min Class. Economy Stops. nonstop Aircraft. Boeing
737-800 Arrive Flight UA1459 Depart (POS) Port of Spain, TT (IAH) Houston
UNITEO~
02-Dec-15 (Wed) 0915am George Bush Intercontinental Ap, United Airlines
US
02-Dec-15 (Wed) 0125pm
Flight Time: 06hr 10min Class. Economy Stops. nonstop Aircraft. Boeing
737-800 TICK T TYPE PRiCE sUrVilV,Aqy E-ticket(s)
1 Adult(s) $ 652.00 Taxes and agent-
$ 88.00 imposed Fees Total $ 740.00 USD NOTE: The Total displayed reflects the total cost of the original booking only and does not include any charges associated with subsequent changes. * Charged on your Credit Card. United Airlines $ 740.00 USD
EXHIBIT I A *7 From: Robin Bluitt <atty.bluitt@sbcglobal.net> To: kgclaw <kgclaw@aol.com> Subject: Re: Zimac v. Nweze - Appeal Date: Wed, Nov 18,20151:36 pm Mr. Clarke, Please let me know your position on this untimely appeal motion to dismiss. I oppose the "extension of time to file defendants' brief. " Sent from my iPhone On Nov 18, 2015, at 12:02 PM, "kgclaw@aol.com" <kgclaw@aol.com> wrote:
Dear Ms. Bluitt: I intend to file a Motion to Extend time to file Appellant's Brief. Kindly notify me of your position. I look forward to hearing from you soon. Kurt Law Offices of Kurt G. Clarke Attorney at Law Regency Square Tower 6200 Savoy, Suite 458 Houston, Texas 77036 Tel. (713)779-5500 Fax. (713)779-6668 Email: kgclaW@aol.com
EXHIBIT
I B *8 From: Robin Bluitt <atty.bluitt@sbcglobal.net> To: kgclaw <kgclaw@aol.com> Subject: Re: Zimac v. Nweze - Appeal Date: Wed, Nov 18,201512:24 pm I plan to file a motion to dismiss due to the untimely appeal. The last day to appeal was the 14th. The appeal was filed on the 18th. Sent from my iPhone On Nov 18, 2015, at 12:02 PM, "kgc/aw@aol.com" <kgc/aw@aol.com> wrote:
Dear Ms. Bluitt: I intend to file a Motion to Extend time to file Appel/ant's Brief. Kindly notify me of your position. I look forward to hearing from you soon. Kurt Law Offices of Kurt G. Clarke Attorney at Law Regency Square Tower 6200 Savoy, Suite 458 Houston, Texas 77036 Tel. (713)779-5500 Fax. (713) 779-6668 Email: kgclaw@aol.com