ACCEPTED 01-15-00192-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 9/3/2015 1:52:05 PM CHRISTOPHER PRINE CLERK
NO. 01-‐15-‐00192-‐CV
FILED IN 1st COURT OF APPEALS IN THE COURT OF APPEALS HOUSTON, TEXAS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON
9/3/2015 1:52:05 PM
CHRISTOPHER A. PRINE Clerk
DANIEL MANDARINO, et al.,
Appellants,
v.
SHERWOOD LANE INVESTMENTS, LLC,
Appellee.
APPELLEE’S UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO
FILE APPELLEE’S BRIEF
TO THE HONORABLE COURT OF APPEALS:
Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(b),
Appellee, SHERWOOD LANE INVESTMENTS, LLC files this Unopposed First
Motion for Extension of Time to File Appellee’s Brief, and shows the following:
1. On August 6, 2015, Daniel Mandarino, Carrie Mandarino, Laura
Doyle, Robert Church, Bret Beals and Linda Beals as Trustees of the Beals
Family Revocable Trust, Robert A. Schalbe, William H. Gay, Jr., Riccardio D.
Gay, Eric Johnstone, Rafal Zielinski and Vally Mestroni (collectively,
“Appellants”) filed Appellants’ Brief.
2. On February 25, 2015, Appellants filed their Designation of Clerk’s
Record.
See 1 -‐ Designation of Clerk’s Record.
3. Appellants’ Designation included the following four items:
1) Plaintiff’s Reply to Defendants Daniel Mandarino, Carrie Mandarino, Laura
Doyle, Brett Beals and Linda Beals as Trustees of the Beals Family Revocable
Trust, Robert Church, Robert Schalbe, William H. Gay, Jr., Riccardio D. Gay, Eric
Johnstone, Rafal Zielinski, and Vally Mestroni’s Response to Plaintiff’s Motion
for Summary Judgment—filed September 25, 2014; 2) Exhibit F to Plaintiff’s
Reply; 3) Exhibit F-‐A to Plaintiff’s Reply; and 4) Plaintiff’s Proposed Order to
Plaintiff’s Objections and Motion to Strike Defendants Daniel Mandarino,
Carrie Mandarino, Laura Doyle, Brett Beals and Linda Beals as Trustees of the
Beals Family Revocable Trust, Robert Church, Robert Schalbe, William H. Gay,
Jr., Riccardio D. Gay, Eric Johnstone, Rafal Zielinski, and Vally Mestroni’s
Summary Judgment Evidence—filed September 25, 2014.
Id. at page 3.
4. These four items are not present in the clerk’s record—but they
are pertinent to and necessary for the arguments Appellee makes in its Brief.
5. On September 2, 2015, Appellee filed a supplemental request with
the clerk to include the four missing items.
A copy of the letter is attached to
this motion as 2.
6. Appellee’s Brief is due on Tuesday, September 8, 2015.1
7. Appellee requests an additional 30 days to file its Brief, extending
the time to file to October 8, 2015.
8. No prior extensions have been granted to extend time to file
Appellee’s Brief.
9. This request is not sought for delay but so that justice may be
done.
PRAYER FOR RELIEF
For these reasons, Appellee Sherwood Lane Investments, LLC asks the
Court to grant an extension of time to file its brief until October 8, 2015.
Respectfully submitted,
DANIELS & GENTLE, LLP
By:
/s/ Douglas A. Daniels
Douglas A. Daniels
State Bar No. 00793579
Jeremy A. Williams
State Bar No. 24090467
douglas.daniels@danielsgentle.com
jeremy.williams@danielsgentle.com
6363 Woodway Dr., Suite 980
1 30 days after August 6, 2015 is Saturday, September 5, 2015—which extends
Appellee’s deadline to file to Monday, September 7, 2015.
See TEX. R. APP. P.
4.1(a) (extending the period to file on the next day that is not a Saturday,
Sunday, or legal holiday).
Furthermore, September 7, 2015 is a legal holiday
extending Appellee’s deadline to file its Brief to Tuesday, September 8, 2015.
Houston, Texas 77057-‐1759
(713) 979-‐4279 Telephone
(713) 979-‐4270 Facsimile
Attorneys for Appellee
CERTIFICATE OF SERVICE
I certify that I have complied with Texas Rules of Civil Procedure 21 and
21a and that a true and correct copy of the above and foregoing document has
been served on the following counsel of record by the means indicated below
this 3rd day of September, 2015.
Teri A. Walter
Glen Nordt
Walter Law Firm, P.C.
1111 North Loop West 115
Houston, Texas
(713) 529-‐2020 Office
(713) 529-‐2266 Facsimile
Attorneys for Appellants
twalter@prevaillawyers.com
gnordt@prevaillawyers.com
By e-‐service and/or e-‐mail and/or certified mail, return receipt
requested
/s/ Douglas A. Daniels
Douglas A. Daniels
2/25/2015 12:53:11 PM Chris Daniel - District Clerk Harris County Envelope No. 4278320 By: Phyllis Washington Filed: 2/25/201512:53:11 PM
WALTER LAW FIRM, P. C. 1111 North Loop West Suite 1115 Houston, Texas 77008
TERI A. WALTER Phone 713 529-2020 BOARD CERTIFIED- CIVIL TRIAL LAW Direct 832 8319810 TEXAS BOARD OF LEGAL SPECIALIZATION Fax 713 529-2266 twalter@prevalllawyers.com
February 25, 2015
Chandra Williams Marcella Henderson Clerk, 1641h District Court 201 Caroline 12th Floor Houston, TX 77002
Re: Cause No. 2014-32347, Sherwood Lane Investments, LLC v. Cal State Investment Limited Partnership, Eugene E. Volluci, Daniel Mandarino, Carrie Mandarino, Armando La Fontaine, Jennifer La Fontaine, Laura Doyle, Robert Church, Bret Beals and Linda Beals as Trustees of the Beals Family Revocable Trust, Robert A. Schalbe, William H. Gay, Jr., Riccardio D. Gay, Eric Johnstone, Rafal Zielinski and Vally Mestroni; In the 1641h Judicial District Court; Harris County, Texas
Dear Ms. Williams & Ms. Henderson:
Please included the following documents in the clerk's record for the appeal of this matter:
1. 06/05/14 SHERWOOD's Original Petition and Jury Demand
2. 07/07/14 Defendants' Original Answer
3. 07/28/14 SHERWOOD's Motion for Summary Judgment Exhibit A Affidavit of John Gilmore Exhibit B Affidavit of James Hale Exhibit B-1 Assignment of Promissory Note Exhibit B-2 Email from Jim Hale to Laura Doyle August 26, 2009 Exhibit C Affidavit of Herbert B. Richardson Exhibit C-1 Wraparound Promissory Note Exhibit D Affidavit of Jeffrey Compton Exhibit E Affidavit of Douglas A. Daniels Proposed Order
Appendix 1 WALTER LAW FIRM, PC February 25, 2015 Page 2
4. 08/15/14 Defendants' Motion for Continuance of Motion for Summary Judgment Exhibit A- Commercial Contract- Improved Property Proposed Order
5. 08/20/14 SHERWOOD Response to Motion for Continuance of MSJ Proposed Order
6. 08/22/14 Amended Notice of Oral Hearing 9/26/14 @ 10:00 AM
7. 09/10/14 Agreed Motion for Substitution of Counsel (TAW for Defendants Mandarino et. al.)
8. 09/11/14 Order for Substitution of Counsel for (TAW for Defendants Mandarino et. al.)
9. 09/18/14 Defendants' (Mandarino et. al.) Amended Answer
10. 09/19/14 Defendants' (Mandarino et. al.) Objections to Summary Judgment Evidence Proposed Order
11. 09/19/14 Defendants' (Mandarino et.
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ACCEPTED 01-15-00192-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 9/3/2015 1:52:05 PM CHRISTOPHER PRINE CLERK
NO. 01-‐15-‐00192-‐CV
FILED IN 1st COURT OF APPEALS IN THE COURT OF APPEALS HOUSTON, TEXAS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON
9/3/2015 1:52:05 PM
CHRISTOPHER A. PRINE Clerk
DANIEL MANDARINO, et al.,
Appellants,
v.
SHERWOOD LANE INVESTMENTS, LLC,
Appellee.
APPELLEE’S UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO
FILE APPELLEE’S BRIEF
TO THE HONORABLE COURT OF APPEALS:
Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(b),
Appellee, SHERWOOD LANE INVESTMENTS, LLC files this Unopposed First
Motion for Extension of Time to File Appellee’s Brief, and shows the following:
1. On August 6, 2015, Daniel Mandarino, Carrie Mandarino, Laura
Doyle, Robert Church, Bret Beals and Linda Beals as Trustees of the Beals
Family Revocable Trust, Robert A. Schalbe, William H. Gay, Jr., Riccardio D.
Gay, Eric Johnstone, Rafal Zielinski and Vally Mestroni (collectively,
“Appellants”) filed Appellants’ Brief.
2. On February 25, 2015, Appellants filed their Designation of Clerk’s
Record.
See 1 -‐ Designation of Clerk’s Record.
3. Appellants’ Designation included the following four items:
1) Plaintiff’s Reply to Defendants Daniel Mandarino, Carrie Mandarino, Laura
Doyle, Brett Beals and Linda Beals as Trustees of the Beals Family Revocable
Trust, Robert Church, Robert Schalbe, William H. Gay, Jr., Riccardio D. Gay, Eric
Johnstone, Rafal Zielinski, and Vally Mestroni’s Response to Plaintiff’s Motion
for Summary Judgment—filed September 25, 2014; 2) Exhibit F to Plaintiff’s
Reply; 3) Exhibit F-‐A to Plaintiff’s Reply; and 4) Plaintiff’s Proposed Order to
Plaintiff’s Objections and Motion to Strike Defendants Daniel Mandarino,
Carrie Mandarino, Laura Doyle, Brett Beals and Linda Beals as Trustees of the
Beals Family Revocable Trust, Robert Church, Robert Schalbe, William H. Gay,
Jr., Riccardio D. Gay, Eric Johnstone, Rafal Zielinski, and Vally Mestroni’s
Summary Judgment Evidence—filed September 25, 2014.
Id. at page 3.
4. These four items are not present in the clerk’s record—but they
are pertinent to and necessary for the arguments Appellee makes in its Brief.
5. On September 2, 2015, Appellee filed a supplemental request with
the clerk to include the four missing items.
A copy of the letter is attached to
this motion as 2.
6. Appellee’s Brief is due on Tuesday, September 8, 2015.1
7. Appellee requests an additional 30 days to file its Brief, extending
the time to file to October 8, 2015.
8. No prior extensions have been granted to extend time to file
Appellee’s Brief.
9. This request is not sought for delay but so that justice may be
done.
PRAYER FOR RELIEF
For these reasons, Appellee Sherwood Lane Investments, LLC asks the
Court to grant an extension of time to file its brief until October 8, 2015.
Respectfully submitted,
DANIELS & GENTLE, LLP
By:
/s/ Douglas A. Daniels
Douglas A. Daniels
State Bar No. 00793579
Jeremy A. Williams
State Bar No. 24090467
douglas.daniels@danielsgentle.com
jeremy.williams@danielsgentle.com
6363 Woodway Dr., Suite 980
1 30 days after August 6, 2015 is Saturday, September 5, 2015—which extends
Appellee’s deadline to file to Monday, September 7, 2015.
See TEX. R. APP. P.
4.1(a) (extending the period to file on the next day that is not a Saturday,
Sunday, or legal holiday).
Furthermore, September 7, 2015 is a legal holiday
extending Appellee’s deadline to file its Brief to Tuesday, September 8, 2015.
Houston, Texas 77057-‐1759
(713) 979-‐4279 Telephone
(713) 979-‐4270 Facsimile
Attorneys for Appellee
CERTIFICATE OF SERVICE
I certify that I have complied with Texas Rules of Civil Procedure 21 and
21a and that a true and correct copy of the above and foregoing document has
been served on the following counsel of record by the means indicated below
this 3rd day of September, 2015.
Teri A. Walter
Glen Nordt
Walter Law Firm, P.C.
1111 North Loop West 115
Houston, Texas
(713) 529-‐2020 Office
(713) 529-‐2266 Facsimile
Attorneys for Appellants
twalter@prevaillawyers.com
gnordt@prevaillawyers.com
By e-‐service and/or e-‐mail and/or certified mail, return receipt
requested
/s/ Douglas A. Daniels
Douglas A. Daniels
2/25/2015 12:53:11 PM Chris Daniel - District Clerk Harris County Envelope No. 4278320 By: Phyllis Washington Filed: 2/25/201512:53:11 PM
WALTER LAW FIRM, P. C. 1111 North Loop West Suite 1115 Houston, Texas 77008
TERI A. WALTER Phone 713 529-2020 BOARD CERTIFIED- CIVIL TRIAL LAW Direct 832 8319810 TEXAS BOARD OF LEGAL SPECIALIZATION Fax 713 529-2266 twalter@prevalllawyers.com
February 25, 2015
Chandra Williams Marcella Henderson Clerk, 1641h District Court 201 Caroline 12th Floor Houston, TX 77002
Re: Cause No. 2014-32347, Sherwood Lane Investments, LLC v. Cal State Investment Limited Partnership, Eugene E. Volluci, Daniel Mandarino, Carrie Mandarino, Armando La Fontaine, Jennifer La Fontaine, Laura Doyle, Robert Church, Bret Beals and Linda Beals as Trustees of the Beals Family Revocable Trust, Robert A. Schalbe, William H. Gay, Jr., Riccardio D. Gay, Eric Johnstone, Rafal Zielinski and Vally Mestroni; In the 1641h Judicial District Court; Harris County, Texas
Dear Ms. Williams & Ms. Henderson:
Please included the following documents in the clerk's record for the appeal of this matter:
1. 06/05/14 SHERWOOD's Original Petition and Jury Demand
2. 07/07/14 Defendants' Original Answer
3. 07/28/14 SHERWOOD's Motion for Summary Judgment Exhibit A Affidavit of John Gilmore Exhibit B Affidavit of James Hale Exhibit B-1 Assignment of Promissory Note Exhibit B-2 Email from Jim Hale to Laura Doyle August 26, 2009 Exhibit C Affidavit of Herbert B. Richardson Exhibit C-1 Wraparound Promissory Note Exhibit D Affidavit of Jeffrey Compton Exhibit E Affidavit of Douglas A. Daniels Proposed Order
Appendix 1 WALTER LAW FIRM, PC February 25, 2015 Page 2
4. 08/15/14 Defendants' Motion for Continuance of Motion for Summary Judgment Exhibit A- Commercial Contract- Improved Property Proposed Order
5. 08/20/14 SHERWOOD Response to Motion for Continuance of MSJ Proposed Order
6. 08/22/14 Amended Notice of Oral Hearing 9/26/14 @ 10:00 AM
7. 09/10/14 Agreed Motion for Substitution of Counsel (TAW for Defendants Mandarino et. al.)
8. 09/11/14 Order for Substitution of Counsel for (TAW for Defendants Mandarino et. al.)
9. 09/18/14 Defendants' (Mandarino et. al.) Amended Answer
10. 09/19/14 Defendants' (Mandarino et. al.) Objections to Summary Judgment Evidence Proposed Order
11. 09/19/14 Defendants' (Mandarino et. al.) Response to Motion for Summary Judgment Exhibit A Commercial Contract-Improved Property Exhibit B Deed of Trust and Security Agreement (securing First Lien Note) to Morgan Guaranty Trust Company, dated June 27, 2001 Exhibit C Assignment of Deed of Trust and Security Agreement (securing First Lien Note) to Wells Fargo Bank, dated January 2, 2002 Exhibit D Deed of Trust (Wraparound Financing) dated October 16, 2006 Exhibit E Assignment of Mortgage (securing First Lien Note) to Nueva Villa Apartment, LLC, dated March 31, 2010 Exhibit F Substitute Trustee's Deed (foreclosing First Lien Note) dated April12, 2010, {foreclosure of the property on Aprll6, 2010) Exhibit G Records of the Texas Secretary of State regarding Sherwood Pines, Ltd
Appendix 1 WALTER LA IV Flllllf, PC February 25, 2015 Page 3
Exhibit H Records of the Texas Secretary of State, Certificate of Formation of Plaintiff, SHERWOOD LANE INVESTMENTS, LLC. Exhibit I Letter dated March 10, 2008 from Sherwood Pines, ltd. signed by Herbert B. Richardson and John Gilmore, addressed to James Hale, President of Lee Wallis, Inc. Exhibit J Commission Agreement for the property located at 4211 Sherwood Lane, Houston, TX Exhibit K letter from the selling broker Exhibit L Affidavit of Daniel Mandarino Exhibit M Affidavit of Carrie Mandarino Exhibit N Affidavit of Laura Doyle Exhibit 0 Affidavit of Robert Church Exhibit P Affidavit of Brett Beals as Trustee of the Beals Family Revocable Trust Exhibit Q Affidavit of linda Beals as Trustee of the Beals Family Revocable Trust Exhibit R Affidavit of Robert A. Schalbe ExhibitS Affidavit of William H. Gay, Jr. Exhibit T Affidavit of Riccardio D. Gay Exhibit U Affidavit of Eric Johnstone Exhibit V Affidavit of Rafal Zielinski Exhibit W Affidavit of Vally Mestroni Exhibit X Tlmeline Summary of Summary Judgment Evidence Proposed Order
12. 09/25/14 SHERWOOD's Objections and Motion to Strike Defendants' Daniel Mandarino, et al. Summary Judgment Evidence Proposed Order
13. 09/25/14 SHERWOOD's Reply to Defendants' (Daniel Mandarino, et al.) Response to SHERWOOD's Motion for Summary Judgment Exhibit F Affidavit of Jeffrey Compton Exhibit F-A Second Lien Amount Unpaid Calculation
14. 09/30/14 SHERWOOD's 2nd Amended Notice of Oral Hearing- SF 11/14/14@ 10
Appendix 1 WALTER LAW FIRM, PC February 25, 2015 Page 4
15. 10/20/14 Defendants' (Mandarino et. al.) Supplemental Response to SHERWOOD's Motion for Summary Judgment and Cross Motion for Interlocutory Summary Judgment Regarding Acceleration and/or Maturity ofWraparound Note Exhibit A Email Jim Hale to Laura Doyle, August 29, 2009 Exhibit B Email Jim Hale to Laura Doyle, November 3, 2009 Exhibit c Plaintiff's Original Petition (Lee Wallis Inc v Laura Doyle, unfiled) Exhibit D Affidavit of James Hale Proposed Order Notice of Hearing- SF 11.14.14 @10
16. 10/20/14 Defendants' (Mandarino et. al) Supplemental Response to SHERWOOD's Motion for Summary Judgment and Cross Motion for Summary Judgment Regarding Two Year Statute of Limitations Exhibit A Deed of Trust securing Original Fixed Rate Note (first lien) Exhibit B Deed of Trust securing Wraparound Note Exhibit C Substitute Trustee's Deed Proposed Order Notice of Hearing- SF 11.14.14@ 10
17. 10/21/14 Defendants' (Mandarino et. al.) Second Amended Answer Affidavit of Glen Nordt's
18. 10/22/14 SHERWOOD's Notice of Hearing on Motion to Strike Defendants (Daniel Mandarino, et al.) Summary Judgment Evidence- SF 11.14.14@ 10
19. 10/22/14 Defendants' (Mandarino et. al.) Notice of Hearing on Objections to Summary Judgment Evidence- SF 11.14.14@ 10
20. 11/7/14 SHERWOOD'S Response to Defendants' Cross-Motions for Summary Judgment and Reply to Defendants' Supplemental Responses to Plaintiff's Motion for Summary Judgment.
21. 12/19/14 Final Judgment
22. 01/15/15 Defendants' (Mandarino et. al.) Motion for New Trial, Motion for Specific Rulings on Defendants' objections to Plaintiff's Summary Judgment Evidence, and Objection to the Court's Failure or Refusal to Specifically Rule
Appendix 1 WALTERLAWFIRM,PC February 25, 2015 Page 5
on Defendants' Objections to Plaintiff's Summary Judgment Evidence w/ Proposed Order Notice of Hearing SF 1/30/15 @ 11
Please let me know the cost of the record as soon as It has been prepared.
Thank you very much for your assistance.
Terl A. Walter
Appendix 1 9/2/2015 1:41:45 PM Chris Daniel - District Clerk Harris County Envelope No. 6764363 By: Michelle Wojcik Filed: 9/2/2015 1:41:45 PM
DANIELS &GENTLE T R A L LAWYERS
jeremy A. Williams 6363 Woodway, Suite 980 Houston, TX 77057 (713) 979-4279 Office (713) 979-4270 Fax ill l' ni.Y.,'!Yilllam a danl lsgcnllc.com
September 2, 2015
Chandra Williams Marcella Henderson Clerk, 164th District Court 201 Caroline, 12th Floor Houston, Texas 77002
Re: Cause No. 2014-32347; Sherwood Lane Investments, LLC. v. Cal State Investment Limited Partnership, et al.; In the 164th Judicial District Court of Harris County, Texas.
Case No. 01-15-00192-CV, Daniel Mandarino, eta/. v. Sherwood Lane Investments, LLC, In the Texas First Court of Appeals, Houston, Texas.
Dear Ms. Williams and Ms. Henderson:
Please supplement the clerk's record to include the following:
1. Plaintiff's Reply to Defendants Daniel Mandarino, Carrie Mandarino, Laura Doyle, Brett Beals and Linda Beals as Trustees of the Beals Family Revocable Trust, Robert Church, Robert Schalbe, William H. Gay, Jr., Riccardio D. Gay, Eric Johnstone, Rafal Zielinski, and Vally Mestroni's Response to Plaintiffs Motion for Summary Judgment-filed 09/25/14. • Exhibit F • Exhibit F-A
2. ProRosed 0rd ~ to Plaintiff's Objections and Motion to Strike Defendants Daniel Mandarino, Carrie Mandarino, Laura Doyle, Brett Beals and Linda Beals as Trustees of the Beals Family Revocable Trust, Robert Church, Robert Schalbe, William H. Gay, Jr., Riccardio D. Gay, Eric Johnstone, Rafal Zielinski, and Vally Mestroni's Summary Judgment Evidence-filed 09/25/14.
Appendix 2 [Ki DANIELS &GENTLE TRIAL LAWYERS
September 2, 2015 Page 2 Thank you for your assistance. Please contact me at (713) 979-4279 if you have any questions.
Very truly yours,
DANIELS & GENTLE, LLP
/jw
Appendix 2