Centerpoint Houston Electric, LLC v. 5433 Westheimer, LP 5433 Westheimer, GP LLC and Songy 5433 Westheimer GP LLC

Opinion

ACCEPTED 01-15-00335-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 12/1/2015 11:12:42 AM CHRISTOPHER PRINE CLERK

CASE NO. 01-15-00335-CV

_________________________________ FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS IN THE COURT OF APPEALS 12/1/2015 11:12:42 AM CHRISTOPHER A. PRINE FOR THE FIRST DISTRICT OF TEXAS Clerk

AT HOUSTON, TEXAS

__________________________________

CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC

APPELLANTS

V.

5433 WESTHEIMER, LP; 5433 WESTHEIMER, GP LLC; and SONGY5433

WESTHEIMER,

APPELLEES

AMENDED MOTION TO EXTEND TIME TO FILE CLERK’S RECORD

_________________________________

TO THE HONORABLE JUSTICES OF SAID COURT:

COMES NOW, CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC

Appellants herein, and move this Court to extend the File Clerk’s Record Tex. R.

App. P. 5. In support thereof, Appellants would show as follows:

I

The Appellant did not pay for the District Clerk’s record. There was a

misunderstanding and Appellant was under the impression that all monetary requirements

had been met. Appellant understands that there were several notifications issued by the

Court; however, Appellant did not open an e-mail and the postcards were never brought

to his attention.

II

On April 14, 2015, Appellants filed a Notice of Appeal was assigned to the First

Court of Appeals. In error, Appellant did not request either Record until the first week in

May; when the error was discovered, Appellant requested both records immediately.

III.

A reasonable period should be allowed prior to the filing of the records,

Appellants asks that this Court allow an additional thirty (30) days to allow time for the

Clerk’s record to be filed. Appellant filed the credit card information for the cost of the

clerk’s record on November 11, 2015. The payment or request is not showing in the

clerk’s on line record. Appellant will call the Harris County District Clerk’s office for a

status update and will contact this Court if there are any problems. Further, Appellant

has not received a receipt for payment and that will be part of the conversation with the

Clerk’s office. PRAYER

WHEREFORE, THESE PREMISES CONSIDERED, Appellants pray that this

Court extend the time for the filing of Clerk’s record for thirty (30) days and to grant

such other and further relief to which Appellants may show themselves justly entitled.

Respectfully submitted,

OPPEL & GOLDBERG, P.L.L.C.

_____/s/_Jeffrey Wells Oppel________________ Jeffrey Wells Oppel TSBN 15291800 1010 Lamar, Suite 1420 Houston, Texas 77002 713-659-9200 (Phone) 713-659-9300 (Fax) joppel@ogs-law.com

ATTORNEY FOR APPELLANT CERTIFICATE OF SERVICE

I hereby certify that in compliance with Rule 21a, Texas Rules of Civil Procedure, a copy of the foregoing instrument was properly served via Electronic Filing on this the 1st day of December, 2015, on the attorney-of-record as follows:

Lansford O. Ireson, Jr. IRESON & WEIZEL, PLLC 9720 Cypresswood Dr., Suite 238 Houston Texas 77070 (713) 228-1160 (713) 228-1161

__/s/_Jeffrey Wells Oppel ________ Jeffrey Wells Oppel