Calhoun/Holiday Place, Inc., Artisan/ American Corp., Vernon Young and Elizabeth Young v. Wells Fargo Bank, N.A., Successor-By-Merger to Wachovia Bank, National Association

• Court: Court of Appeals of Texas
• Decided: March 17, 2015
• Docket: 01-14-00872-CV
• Status: Published

Opinion

ACCEPTED 01-14-00872-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 3/17/2015 12:38:42 PM CHRISTOPHER PRINE CLERK

NO. 01-14-00872-CV

FILED IN IN THE COURT OF APPEALS 1st COURT OF APPEALS HOUSTON, TEXAS FOR THE FIRST JUDICIAL DISTRICT 3/17/2015 12:38:42 PM AT HOUSTON, TEXAS CHRISTOPHER A. PRINE Clerk

Calhoun/Holiday Place, Inc., Artisan/American Corp., Vernon Young and Elizabeth Young,

Appellants,

VS.

Wells Fargo Bank, N.A., successor-by-merger to Wachovia Bank, National Association,

Appellee.

•th On Appeal from the 55 Judicial District Court of Harris County, Texas Cause No. 2011-56876

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLANTS

H. Miles Cohn Texas State Bar No. 04509600 mcohn(g),craincaton.com Crain, Caton & James, P.C. 1401 McKinney, Suite 1700 Houston, Texas 77010 Telephone: (713) 752-8668 Facsimile: (713) 685-1921 Attorneys for Appellants UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLANTS

Appellants Calhoun/Holiday Place, Inc., Artisan/American Corp., Vernon

Young and Elizabeth Young respectfully ask the Court to extend the time to file

their Appellants' Brief.

1. Appellants are Calhoun/Holiday Place, Inc., Artisan/American Corp.,

Vernon Young and Elizabeth Young. Appellee is Wells Fargo Bank, N.A.,

successor-by-merger to Wachovia Bank National Association ("Wells Fargo").

2. Appellants' brief is due on Sunday, March 22, 2015. No prior

extensions have been obtained.

3. Pursuant to TRAP Rule 38.6(d), Appellants request a 30-day

extension of time to file its brief, to and including Tuesday, April 21, 2015. This

request is unopposed.

4. On March 2, 2015, Appellants filed Defendants' Request for

Supplemental Court Reporter's Record in the district court, because the transcript

of a hearing was inadvertently omitted from the Appellants' initial request for the

record. The missing hearing is an evidentiary hearing on attorney's fees, which the

parties submitted for trial to the court on August 18, 2014; Appellants intent to

raise an issue on appeal with regard to the district court's award of attorney's fees

in this case. 5. The court reporter has informed Appellants that the record of the

attorney's fee hearing will be available in two to three weeks from the date of this

motion. Appellants request a 30-day extension to allow time for the completion of

the reporter's record and to incorporate record citations from the supplemental

reporter's record.

CERTIFICATE OF CONFERENCE

6. Counsel for Appellants has conferred with counsel for

Appellee, and Appellee is unopposed to this Motion.

Wherefore, Appellants Calhoun/Holiday Place, Inc., Artisan/American

Corp., Vernon Young and Elizabeth Young request that the Court extend

the deadline for filing Appellants' Brief to and including April 21, 2015.

Dated: March 17,2015

Respectfully submitted,

CRAIN, CATON & JAMES, P.C.

By : ^Va^Q H. Miles Cohn State Bar No. 04509600 mcohn@craincaton.com Crain, Caton & James, P.C. 1401 McKinney Street, Suite 1700 Houston, Texas 77010 Telephone: (713)752-8668 Facsimile: (713)658-1921 COUNSEL FOR APPELLANTS CERTIFICATE OF SERVICE

I hereby certify that on this the 17th day of March, 2015, a true and correct copy of the foregoing was served via ECF as follows:

Steven A. Leyh Leyh, Payne & Mallia, PLLC 9545 Katy Freeway, Suite 200 Houston, Texas 77024 Counsel for Appellee

David W. Waddell 440 Louisiana St., Suite 900 Houston, Texas 77002 Counsel for Appellee

H. Miles Cohn