Christy Onabajo and Femi Onabajo v. Household Finance Corp. III

• Court: Court of Appeals of Texas
• Decided: September 21, 2015
• Docket: 03-15-00251-CV
• Status: Published

Opinion

ACCEPTED 03-15-00251-CV 7019145 THIRD COURT OF APPEALS AUSTIN, TEXAS 9/21/2015 3:10:50 PM JEFFREY D. KYLE CLERK No. 03-15-00251-CV IN THE COURT OF APPEALS FOR THE THIRD DISTRICT OF TEXAS FILED IN 3rd COURT OF APPEALS AT AUSTIN AUSTIN, TEXAS __________________________________ 9/21/2015 3:10:50 PM JEFFREY D. KYLE FEMI S. ONABAJO AND CHRISTY ALFRED ONABAJO, Clerk Appellant v.

HOUSEHOLD FINANCE CORP. III, Appellee _________________________________

FROM THE COUNTY COURT AT LAW NUMBER TWO OF TRAVIS COUNTY, TEXAS Trial Court Cause No. C-1-CV-14-010888

APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE BRIEF

Penny Y. Haye Texas Bar No. 24030363 Law Office of Penny Haye 7703 North Lamar Blvd Suite 400 Austin, Texas 78752 Telephone: (512) 677-4293 Facsimile: (512) 777-4535 Penny_haye@sbcglobal.net

ATTORNEY FOR APPELLANT

Appellant's Motion for Extension of Time to File Brief Pg. 1 TO THE HONORABLE JUDGE OF SAID COURT:

APPELLANT, FEMI S. ONABAJO AND CHRISTY ALFRED ONABAJO ask

the Court to extend the time to file their brief.

A. Introduction

1. Appellant is FEMI S. ONABAJO AND CHRISTY ALFRED ONABAJO

(“Appellant”); Appellee is HOUSEHOLD FINANCE CORP. III (“Household”).

2. The undersigned is attorney for Appellant.

3. The deadline to file Appellant's Brief is September 22, 2015.

4. Appellant requests a extension of time to file Appellant's Brief.

5. There is no specific deadline to file this motion to extend time. See Tex.

R. App. P. 38.6(d).

B. Argument & Authorities

6. Rule 10.5(b) authorizes Appellant to request an extension of time to file

Appellant's Brief and the Court has authority to extend the time to file the Appellant's

Brief under Tex. R. App. P. 38.6(d).

7. This is the second request for an extension of time to file Appellant's

Brief.

8. The court reporter’s record was requested as required by Tex. R. App. P.

35(b), but is not yet on file with the appellate court. The Appellant’s brief is due

within the later of 30-days of:

Appellant's Motion for Extension of Time to File Brief Pg. 2 (1) The date the clerk’s record was filed; or

(2) The date the reporter’s record was filed. Tex. R. App. P. 38.6(a).

Under the rules, Appellant’s brief is not yet due and Appellant cannot be expected to

prepare a brief without the court reporter’s record.

9. The length of the extension sought is thirty (30) days.

10. All facts recited in this motion are within the personal knowledge of the

counsel signing this motion, therefore no verification is necessary under Rule of

Appellate Procedure 10.2.

C. Conclusion

11. The undersigned, as attorney for Appellant, requests a 30 day extension for

the deadline to file Appellant's Brief.

D. Prayer

For these reasons, Appellant asks the Court to grant this motion and extend the

time for filing its Appellant’s Brief for 60 days.

Respectfully submitted,

By: /s/ Penny Y. Haye Penny Y. Haye State Bar No. 24030363 Law Office of Penny Haye 7703 North Lamar Blvd Suite 340 Austin, Texas 78752 Telephone: (512) 677-4293 Facsimile: (512) 777-4535

Appellant's Motion for Extension of Time to File Brief Pg. 3 Penny_haye@sbcglobal.net ATTORNEY FOR APPELLANT

Certificate Of Conference I certify that I attempted to confer with counsel for Appellee regarding this motion but was unsuccessful.

By: /s/ Penny Y. Haye Penny Y. Haye

Certificate Of Service I hereby certify that on this the 21rd day of September 2015, a true and correct copy of the foregoing Appellant’s Motion for Extension of Time to File Brief was served upon counsel of record for Appellee via this Court’s online filing system to the following:

Sarah Robbins Hughs, Watters & Askanase, L.L.P. Three Water Center 333 Clay, 29th floor Houston, Texas 77002 ATTORNEY FOR APPELLEE

Appellant's Motion for Extension of Time to File Brief Pg. 4