David Medrano v. Celine Hinojosa

Opinion

ACCEPTED 04-14-00913-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 6/18/2015 11:24:40 PM KEITH HOTTLE CLERK

No. 01 14 00267 CV

IN THE FOURTH COURT OF APPEALS FILED IN SAN ANTONIO, TEXAS 4th COURT OF APPEALS SAN ANTONIO, TEXAS David Medrano, Appellant 06/18/2015 11:24:40 PM KEITH E. HOTTLE Clerk v.

Fidelity Insurance, Appellee

On Appeal from the 37th District Court Bexar County, Texas Trail Court Case No. 2008 CI 00027 ______________________________________________________________

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLAN’S BRIEF ______________________________________________________________

To the Honorable 4th Court of Appeals:

Now Comes David Medrano and files this his, and moves this Court to grant this

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLAN’S

BRIEF, pursuant to Rule 38.6 and 10.5 of the Texas Rules of Appellate Procedure, and for

good cause shows the following:

I.

This case is on appeal from the 37th Judicial District Court of Bexar County, Texas.

II. The case below was styled Fidelity National Insurance v. David Medrano and

numbered 2008 – CI – 00027.

III. Appellant is seeking appellate review of a contrary ruling in the above 37th Judicial

District Court. Appellant has conferred with the opposing attorney and it is agreed that a Motion for Extension should be unopposed and thusly Granted for the requested 30 days.

Appellant has agreed that it would reciprocate if Appellee had a similar need.

IV.

Appellant has already formulated the framework of the Appeal and has researched

the basis of the arguments for the appeal. The undersigned was unable to complete the

above brief because of his workload and calendaring issues. Unfortunately, over the past

month the undersigned was required to deal: 1) with several dispositive motions, 2) a Jury

Setting that was understood to be continued, 3) I also was required to attend a destination

abroad wedding, Lastly, 4) Defendant is working on 2 other appeals that will also be due in

the near future: 04-15-00332-CV Manuel Camacho and Simona Camacho v. Texas

Westchester Financial, LLC pending in this Court of Appeals and Rhoda Navarro v. Fifth

Third Bank pending in the 5th Circuit.

V. Appellant’s brief is due June 19, 2015.

VI.

This is appellant’s first extension of time to file appellant’s brief. Appellant’s counsel

respectfully requests that this court bless the unopposed 30 day extension.

VII.

Appellant’s counsel does have a good deal on his plate this month but does at the

outset acknowledge to the Court that it is important to finalize this appeal. It is his sincere

hope to finalize this matter within the agreed time period.

PRAYER WHEREFORE, PREMISES CONSIDERED, appellant prays that this Court grant this

BRIEF, without prejudice to other extension if necessary.

Respectfully submitted,

The Law Office of Albert W. Van Cleave, III PLLC

/s/_Gregory T. Van Cleave ___ Gregory T. Van Cleave Texas State Bar No. 24037881 1520 W. Hildebrand San Antonio, TX 78201 Telephone: 210/341-6588 Facsimile: 210/341-6589 Email: greg@vancleavelaw.com

CERTIFICATE OF SERVICE

I hereby certify that a copy of the above and foregoing Second Agreed Motion To Extend

Time to File Appellee’s Brief was served on opposing counsel, July 28, 2014.

Fidelity National Title Insurance Company, Successor by Merger Lawyers Title Insurance Company By and through its attorney of record:

Aaron Barton Fred R. Jones

Goode Casseb & Jones PC Via Texas E- File 2122 N Main Ave PO Box 120480 San Antonio, TX 78212

Deutsche Bank National Trust Company By and through its attorney of record:

Valerie Henderson Kari Lynn Robinson Baker, Donelson, Bearman, Caldwell & Berkowitz, PC Via Texas E- File 1301 McKinney St Ste 3700 Houston, TX 77010

Hinojosa, Celine By and through its attorney of record:

Thomas E. Quirk Via Texas E- File Aaron & Quirk, LLP 8700 Crownhill Blvd, Suite 600 San Antonio, TX 78209

/s/_Gregory T. Van Cleave ___ Gregory T. Van Cleave Texas State Bar No. 24037881

Certificate of Conference

I the undersigned certify that I have contacted the opposing attorneys and they have agreed to not oppose the above motion.

/s/_Gregory T. Van Cleave ___ Gregory T. Van Cleave Texas State Bar No. 24037881