David M. Diggs v. VSM Financial, L.L.C.

• Court: Court of Appeals of Texas
• Decided: June 30, 2015
• Docket: 01-15-00301-CV
• Status: Published

Opinion

ACCEPTED 01-15-00301-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 6/30/2015 6:04:35 PM CHRISTOPHER PRINE CLERK

No. 01-15-00301-CV ______________________________________________________________________________ FILED IN IN THE 1st COURT OF APPEALS COURT OF APPEALS HOUSTON, TEXAS FOR THE 6/30/2015 6:04:35 PM FIRST SUPREME JUDICIAL DISTRICT CHRISTOPHER A. PRINE OF Clerk TEXAS AT HOUSTON, TEXAS ______________________________________________________________________________

DAVID M. DIGGS, Appellant,

vs.

VSM FINANCIAL, L.L.C., Appellee. ______________________________________________________________________________

Appeal from the County Civil Court At Law No. 1 of Harris County, Texas ______________________________________________________________________________

UNOPPOSED MOTION TO EXTEND TIME FOR FILING APPELLANT’S BRIEF

TO THE HONORABLE COURT OF APPEALS:

DAVID M. DIGGS, Appellant in this cause, moves the Court for an

extension of time for filing Appellant’s brief, and in support of said motion would

respectfully show the Court the following: I.

This is an appeal from a Final Summary Judgment of the County Court At

Law No. 1 of Harris County, Texas, which was signed on February 25, 2015. The

appeal was perfected by the filing of a Notice of Limitation of Appeal on March

27, 2015.

II.

If no extension of time is granted by this Court, the Brief of Appellant must

be filed by the 24th day of June, 2015. No extensions of time have been granted

previously by the Court concerning Appellant’s brief.

III.

A reasonable explanation of the need to file for more time for filing

Appellants’ brief exists, in that the date that the Clerk’s Record was filed with this

Court was inadvertently not correctly calendared. The fault is not intentional nor is

it due to conscious indifference.

IV.

An extension of time for filing Appellant’s brief will not delay submission

of this cause in its prescribed order, and no harm will result to the Appellee as a result of an extension of time for filing briefs, in that this case has not been set for

submission.

WHEREFORE, PREMISES CONSIDERED, Appellant requests that the

Court enter an order extending the time for filing Appellant’s brief to the 30th day

of June, 2014.

Respectfully submitted,

WILLIE & ASSOCIATES, P.C.

By:/s/ Joseph R. Willie, II, D.D.S., J.D. Joseph R. Willie, II, D.D.S., J.D. 4151 Southwest Freeway, Suite 490 Houston, Texas 77027 (713) 659-7330 (713) 599-1659 (FAX) SBOT# 21633500 attyjrwii@wisamlawyers.com

ATTORNEY FOR APPELLANT DAVID M. DIGGS

CERTIFICATE OF CONFERENCE

I contacted opposing counsel, Dan G. Young, Esquire, concerning the disposition of this motion. Attorney Young is not opposed to the Court granting this motion.

/s/ Joseph R. Willie, II, D.D.S., J.D. Joseph R. Willie, II, D.D.S., J.D. CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document was served via e-service to Dan G. Young, P.O. Box 420, Lubbock, Texas 79408, on the 30th day of June, 2015.

/s/ Joseph R. Willie, II, D.D.S., J.D. Joseph R. Willie, II, D.D.S., J.D.