First Financial Investment Fund Holdings LLC D/B/A First Financial Investment Fund II, LLC, First Financial Asset Management, Inc. and Receivables Performance Management, Llc v. Anna Marie Berry, as Personal Representative for the Estate of Parker T. Berry

• Court: Court of Appeals of Texas
• Decided: May 5, 2015
• Docket: 14-0764
• Status: Published

Opinion

FILED 14-0764 5/5/2015 12:11:25 PM tex-5154769 SUPREME COURT OF TEXAS BLAKE A. HAWTHORNE, CLERK

No. 14-0764 __________________________________________________________________

IN THE SUPREME COURT OF TEXAS __________________________________________________________________

FIRST FINANCIAL INVESTMENT FUND HOLDINGS LLC D/B/A FIRST FINANCIAL INVESTMENT FUND II, LLC, FIRST FINANCIAL ASSET MANAGEMENT, INC. AND RECEIVABLES PERFORMANCE MANAGEMENT, LLC,

Petitioners, vs.

ANNA MARIE BERRY, AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF PARKER T. BERRY,

Respondent. __________________________________________________________________ On Petition for Review from the Eighth District Court of Appeals – El Paso, Texas No. 08-14-00097-CV

MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF TO RESPONDENT’S BRIEF ON THE MERITS __________________________________________________________________

Steven R. Dunn 8390 LBJ Freeway Suite 540 Dallas, Texas 75243 214.692.5533 steven@dunnlawfirm.net Attorney for Petitioners

Motion for Extension -- Page 1 of 1 TO THE HONORABLE SUPREME COURT OF TEXAS:

First Financial Investment Fund Holdings LLC a/d/b/a First Financial

Investment Fund II, LLC, First Financial Asset Management, Inc. and

Receivables Performance Management, LLC (“Petitioners”) file this Motion for

Extension of Time to File their Reply Brief to Respondent’s Brief on the

Merits under Tex. R. App. P. 10.1, 10.5(b), and 53.7(f). In support of this

motion, Petitioners show the following:

1. On February 27, 2015, this Court’s clerk advised the parties of a

briefing schedule for briefs on the merit.

2. Petitioners timely filed their Brief on the Merits on March 30, 2015.

Respondent’s filed her Response Brief on April 20, 2015. Petitioners’ Reply Brief

is due no later than May 5, 2015. Petitioners request an extension of seven (7)

days, until May 12, 2015 to file their Reply Brief to Respondent’s Brief on the

Merits. This is Petitioners’ first request for an extension of time to file their Reply

Brief.

3. Petitioners rely on the following facts as a reasonable explanation for the

requested extension of time: Petitioners’ counsel has been required to devote a

considerable amount of time to the continued care of a family member during the

past three week time period. To this end, Petitioners’ counsel has had to schedule

Motion for Extension -- Page 2 of 2 appointments and a treatment care plan with doctors, counselors and dieticians

for his family member during this period. This family member returned to Dallas

on April 24, 2015 from a hospital in Denver, Colorado and resides with

Petitioners’ counsel. Since the family member’s return, Petitioners’ counsel has

met with her medical professionals on the following dates: May 5, 2015; April

30, 2015; April 29, 2015; April 27, 2015. These meetings have required

Petitioners’ counsel to dedicate a great amount of time away from his

practice.

4. The undersigned contacted opposing counsel regarding the merits of this

motion. Opposing counsel did not return the communication.

Wherefore the premises considered, Petitioners pray that this Court grant this

motion for extension of time and grant Petitioners an additional seven (7) days

until May 12, 2015 to file their Reply Brief. Petitioners pray for such other and

further relief, at law or in equity, to which Petitioners may be duly entitled.

Respectfully submitted,

/s/ Steven R. Dunn______________ Steven R. Dunn 8390 LBJ Freeway, Suite 540 Dallas, Texas 75243 Telephone (214) 692.5533 Facsimile (214) 692.5534 steven@dunnlawfirm.net

ATTORNEY FOR PETITIONERS

Motion for Extension -- Page 3 of 3 CERTIFICATE OF CONFERENCE

As required by Tex. R. App. P. 10.1(a)(5), I certify that I attempted to confer with Kimberly Soard, counsel for Respondent. Counsel for Respondent did not respond to the email communication. Therefore, it is submitted to the Court for its determination.

/s/ Steven R. Dunn______________ Steven R. Dunn

CERTIFICATE OF SERVICE

I hereby certify that on May 5, 2015, I electronically filed the foregoing with the Clerk of Court using the efiling system which will send notification of such filing to the following persons:

Kimberly F. Soard State Bar No 00797815 LAW OFFICES OF KIMBERLY SOARD, P.C. 3722 Bristleleaf Drive Katy, Texas 77449 /s/ Steven R. Dunn_____________ Steven R. Dunn

Motion for Extension -- Page 4 of 4