Ben Melton v. CU Members Mortgage, a Division of Colonial Savings, F.A. And First Western Title Co.

Opinion

ACCEPTED

03-15-00339-CV

6724805

THIRD COURT OF APPEALS

AUSTIN, TEXAS

8/31/2015 1:44:46 PM

JEFFREY D. KYLE

CLERK

No. 03-15-00339-CV

FILED IN

3rd COURT OF APPEALS

IN THE THIRD COURT OF APPEALS AUSTIN, TEXAS AT AUSTIN, TEXAS 8/31/2015 1:44:46 PM JEFFREY D. KYLE

Clerk

BEN MELTON,

Appellant

vs.

CU MEMBER’S MORTGAGE, a division of COLONIAL SAVINGS, F.A., and FIRST WESTERN TITLE CO.

Appellees

On Appeal from the 340 th 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

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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

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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