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

Opinion

ACCEPTED

03-15-00339-CV

7639523

THIRD COURT OF APPEALS

AUSTIN, TEXAS

11/2/2015 1:30:32 PM

JEFFREY D. KYLE

CLERK

NO. 03-15-00339-CV

FILED IN

IN THE COURT OF APPEALS 3rd COURT OF APPEALS THIRD JUDICIAL DISTRICT OF TEXAS AUSTIN, TEXAS 11/2/2015 1:30:32 PM

AUSTIN, TEXAS

JEFFREY D. KYLE

Clerk

BEN MELTON,

APPELLANT,

v.

CU MEMEBERS MORTGAGE, A DIVISION OF COLONIAL SAVINGS, F.A., FIRST WESTERN TITLE CO., AND BOB MIMS,

APPELLEES.

Appeal from the 340th Judicial District Court Tom Green County, Texas Trial Court Case No. C130102 Hon. Jay Weatherby, presiding

MOTION FOR EXTENSION OF TIME TO FILE APPELLEES BRIEF

TO THE HONORABLE COURT OF APPEALS:

Pursuant to Texas Rule of Appellate Procedure 10.5(b), Appellees CU

Members Mortgage, a division of Colonial Savings, F.A. (“Colonial”) and First

Western Title Co. (“First Western”) or collectively (“Appellees”), respectfully

move the Court to extend the time for filing Appellees’ Brief by 30 days, such that

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the deadline to file same is December 9, 2015. Appellant Ben Melton is

unopposed the requested extension.

1. The clerk’s record was filed on August 10, 2015, and the

supplemental record was filed on August 18, 2015.

2. The reporter’s record was filed on July 14, 2015.

3. Appellant’s Brief was filed on October 9, 2015.

2. Pursuant to Texas Rules of Appellate Procedure 4.1(a) and 38.6(b),

Appellees’ Brief is currently due on November 8, 2015.

3. Appellees request a 30-day extension of the time in which to file their

Brief, such that the deadline for filing same would be moved to and including

December 8, 2015.

4. In support of the requested extension, Appellees would show that

Mark D. Cronenwett, counsel for Appellees responsible for preparing Appellees’

Brief, has been busy on other cases, which has cut into the briefing period and

impeded Appellees’ ability to prepare its Brief by the deadline.

5. No previous extensions of time for filing Appellees’ Brief has been

sought by or granted to Appellees in this appeal. Appellees seek this extension not

for the purpose of delay, but so that justice may be done.

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PRAYER

WHEREFORE, Appellees pray that this Court grant this Motion and extend

the time for filing Appellees’ Brief by 30 days, such that the deadline is reset to

December 8, 2015. Appellees further pray for such other and further relief to

which they may be justly entitled, at law or in equity.

Respectfully submitted,

By: /s/ Mark D. Cronenwett MARK D. CRONENWETT Texas Bar No. 00787303 mcronenwett@mwzmlaw.com

MACKIE WOLF ZIENTZ & MANN, PC 14160 N. Dallas Parkway, Suite 900 Dallas, Texas 75254 (214) 635-2650 (214) 635-2686 (Fax)

ATTORNEYS FOR APPELLEES CU Members Mortgage, a division of Colonial Savings, F.A. and First Western Title Co.

CERTIFICATE OF CONFERENCE

The undersigned certifies that he conferred with counsel for Appellant regarding the merits of the foregoing Motion and Appellant is not opposed.

/s/ Mark D. Cronenwett MARK D. CRONENWETT

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CERTIFICATE OF SERVICE

I hereby certify that on the 2nd day of November, 2015, a true and correct copy of the foregoing was served via the state electronic filing service to the counsel of record listed below:

James C. Mosser Mosser Law PLLC 2805 Dallas Parkway, Suite 222 Plano, Texas 75093 courtdocuments@mosserlaw.com

Larry W. Bale Hay, Wittenburg, Davis, Caldwell & Bale, LLP P O Box 271 San Angelo, Texas 76902-0271 lwb@hwdcb.com

Gregory Sherwood P O Box 200613 Austin, Texas 78720-0613 gsherwood@mail.com

/s/ Mark D. Cronenwett___________ MARK D. CRONENWETT