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

Opinion

ACCEPTED

03-15-00251-CV

7982915

THIRD COURT OF APPEALS

AUSTIN, TEXAS

11/24/2015 9:47:58 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

__________________________________

11/24/2015 9:47:58 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

APPELLANTS' 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 APPELLANTS

Appellant's Motion for Extension of Time to File Brief Pg. 1

TO THE HONORABLE JUDGE OF SAID COURT:

APPELLANTS FEMI S. ONABAJO AND CHRISTY ALFRED ONABAJO

ask the Court to extend the time to file their brief.

A. Introduction

1. Appellants are FEMI S. ONABAJO AND CHRISTY ALFRED

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

(“Household”).

2. The deadline to file Appellant's Brief is November 23, 2015.

3. Appellant requests a two day extension of time to file Appellant's Brief.

Due to holiday air travel delays, Appellant filed their brief on November 24, 2015.

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

R. App. P. 38.6(d).

5. 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).

6. The length of the extension sought is two days.

7. 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.

8. The undersigned, as attorney for Appellant, requests a two extension for

Appellant's Motion for Extension of Time to File Brief Pg. 2 the deadline to file Appellant's Brief.

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 Penny_haye@sbcglobal.net ATTORNEY FOR APPELLANTS

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

By my signature above, I hereby certify that on this the 24rd day of November 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

Appellant's Motion for Extension of Time to File Brief Pg. 3