Country Title , L.L.C. v. Morenike Jaiyeoba

Opinion

ACCEPTED 01-14-00931-cv FIRST COURT OF APPEALS HOUSTON, TEXAS 4/1/2015 12:26:32 PM CHRISTOPHER PRINE CLERK

01-14-00931-CV

FILED IN 1st COURT OF APPEALS IN THE COURT OF APPEALS HOUSTON, TEXAS 4/1/2015 12:26:32 PM FOR THE FIRST DISTRICT OF TEXAS CHRISTOPHER A. PRINE HOUSTON, TEXAS Clerk

COUNTRY TITLE, L.L.C. Appellant v.

MORENIKE JAIYEOBA Appellee.

APPELLANT’S FIRST MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF

TO THE HONORABLE COURT OF APPEALS,

Appellant, Country Title L.L.C. (“Country Title”) file this First Motion to

Extend Time to File Appellant’s Brief pursuant to Texas Rule of Appellate

Procedure 10 in support thereof would show the following circumstances warrant

an extension:

The reporter’s record in this case was filed on March 9, 2015 and the

appellate record is not complete. Accordingly, Appellees’ deadline for filing its

Appellant’s Brief is currently Wednesday, April 8, 2015.

1 02929.825 / 1733983.1 Appellant seeks a thirty (30) day extension of time in which to file its

Appellant’s Brief, such that its brief is due on Friday, May 8, 2015.

This request for extension of time is not sought to cause delay or prejudice,

but only so that justice may be done. Appellant’s counsel has had scheduling

conflicts throughout the month of March with deadlines which interfere with the

current deadline. Specifically, Jim McConn, lead counsel for Country Title, has

the scheduling conflicts:

03/13/2015 Docket Call/Pre-Trial Conference Cause No. 14-01-01117-CV Robert Ling v. Andrew Musgrove v. Grand Harbor Property Owners Association 284th Judicial District Court of Montgomery County, Texas

03/13/2015 Preliminary Hearing Conference AAA NO. 01-14-0001-8183 LAS Properties, et al v. Pinnacle Ridge GP, LLC, et al American Arbitration Association

03/16/2015 Non-Jury Trial Cause No. 14-01-01117-CV Robert Ling v. Andrew Musgrove v. Grand Harbor Property Owner Association 284th Judicial District Court of Montgomery County, Texas

03/16/2015 Motions for Summary Judgment Hearing Cause No. 2014-10063 Azim Keramati, et al vs. Planned Community Management, Inc., Fall Creek Homeowners Association, Inc., Severn Trent Services, Inc. and The Johnson Development Corp. 281st Judicial District Court of Harris County, Texas 2 02929.825 / 1733983.1 03/17/2015 Motion to Compel Discovery Responses/Motion for Protection Cause No. 14-0177 Springlake Property Owners’ Association, Inc. v. Gerald, Kirk and Amy Kirk 22nd Judicial District Court of Hays County, Texas

03/20/2015 Appellees’ Brief due Cause No. 01-14-00216-CV Victor Elgohary v. Lakes on North Eldridge Community Association, Inc. et al. Court of Appeals for the First Judicial District, Houston, TX

03/30/2015 Motion to Enforce Mediation Settlement Agreement Cause No. 2012-50554 Jean M. Robingston, Nelida Cerna and Maricela Garcia v. Dilston House Condominium Association and Genesis Management Company, Inc. 234th Judicial District Court of Harris County, Texas

03/30/2015 Motion for Protection Cause No. 2014-71936 Taylor Morrison of Texas, Inc. v. Stewart, Tamesha Stewart and Greater Emmanuel Apostolic Church v. Advantage Title of Ft. Bend, L.C. and Raymond C. Kerr in his Capacity as Arbitrator 152nd District Court of Harris County, Texas

These deadlines represent some of the conflicts presently on Appellant’s

counsel’s calendar and do not include depositions, discovery, and other ongoing

case and client obligations.

3 02929.825 / 1733983.1 PRAYER

WHEREFORE PREMISES CONSIDERED, Appellant respectfully requests

that this Honorable Court grant it an extension of thirty (30) days to file its

Appellant’s Brief so that its deadline will be Friday, May 8, 2015, and for any such

further relief to which it may be entitled.

Respectfully submitted,

LeClairRyan

/s/ James J. McConn, Jr. By:_________________________ James J. McConn, Jr. Email: james.mcconn@leclairryan.com 1233 West Loop South, Suite 1000 Houston, Texas 77027 Telephone: 713-654-1111 Facsimile: 713-650-0027

ATTORNEY FOR APPELLANT

CERTIFICATE OF SERVICE

As required by Texas Rule of Appellate Procedure 6.3 and 9.5(b), (d), (e), I certify that I have served this document on all other parties which are listed below on April 1, 2015 as follows:

Teltschik-Grubbs, PLLC Corwin L. Teltschik Betsy Grubbs 14015 Southwest Freeway, Suite 4 Sugar Land Texas 77478 Fax: 281-201-1202 /s/ James J. McConn, Jr. _________________________ James J. McConn, Jr. 4 02929.825 / 1733983.1 CERTIFICATE OF CONFERENCE

As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I contacted Appellee’s counsel on March 30, 2015 by email. Appellee’s counsel indicated they are unopposed to Appellant’s First Motion to Extend Time to File Appellant’s Brief.

/s/ James J. McConn, Jr. _________________________ James J. McConn, Jr.

5 02929.825 / 1733983.1