Home/Court of Appeals of Texas/Francis Williams Montenegro and Lynda Williams v. Wells Fargo Bank, N.A., Successor by Merger to Wells Fargo Bank, Minnesota, N.A., as Trustee F/K/A Norwest Bank Minnesota, N.A., as Trustee for the Structured Asset Securities Corporation Amortizing Residential Collateral Trust Mortgage Pass-Through

Francis Williams Montenegro and Lynda Williams v. Wells Fargo Bank, N.A., Successor by Merger to Wells Fargo Bank, Minnesota, N.A., as Trustee F/K/A Norwest Bank Minnesota, N.A., as Trustee for the Structured Asset Securities Corporation Amortizing Residential Collateral Trust Mortgage Pass-Through

Court of Appeals of Texas·Decided August 10, 2015·No. 03-13-00123-CV·Published

Opinion

ACCEPTED

03-13-00123-CV

6435285

THIRD COURT OF APPEALS

AUSTIN, TEXAS

8/10/2015 9:05:07 PM

JEFFREY D. KYLE

CLERK

No. 03 – 13 – 00123 - CV

FILED IN

3rd COURT OF APPEALS

In The Court Of Appeals AUSTIN, TEXAS For The Third Court Of Appeals District 8/10/2015 9:05:07 PM Austin, Texas JEFFREY D. KYLE Clerk

FRANCIS WILLIAMS MONTENEGRO, Appellant,

v.

WELLS FARGO

Appellee.

ON APPEAL FROM COUNTY COURT AT LAW #2 TRAVIS COUNTY, TEXAS

TRIAL COURT CAUSE NO. C-1-CV-12-006182

APPELLANTS’ FIRST AMENDED AGREED SECOND MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR REHEARING

Francis Williams Montenegro Counsel for Francis Williams Montenegro and Lynda Williams State Bar No. 21533500

1503A E. 13th Street Austin, Texas 78702 Telephone: (512) 554-2812 MontenegroLaw@gmail.com

Identity of Parties and Counsel

Appellant: Francis Williams Montenegro Lynda Williams Appellant’s Counsel: Francis Williams Montenegro State Bar No. 21533500 1503A E. 13th Austin, Texas 78702 Telephone: (512) 554-2812 Email: Montenegrolaw@gmail.com

Appellee: Wells Fargo Bank, NA Appellee’s Counsel: Kirk A. Schwartz Blake Henshaw H. Gray Burks, IV SHAPIRO SCHWARTZ, LLP State Bar No. 24004908 5450 Northwest Central, Suite 307 Houston, TX 77092 Telephone: (713) 933-1541 (713) 933-1532

Facsimile: (847) 879-4854 Email: kschwartz@logs.com bhenshaw@logs.com gburks@logs.com

TO THE HONORABLE SEVENTH COURT OF APPEALS:

Pursuant to TEX. R. APP. P. 49.1, Appellants Francis Williams

Montenegro and Lynda Williams, by and through their undersigned attorney

of record, file this First Amended Agreed Motion for Extension of Time to

File Motion for Rehearing, and for cause would show the following:

1) On June 3 2015, this court affirmed the judgment of the trial

court in this cause. A Motion for Rehearing of this court’s judgment, then,

was due June 18, 2015.

2) Appellants requested an extension to file the Motion for

Rehearing. The motion was granted. The Motion for Rehearing was due

July 20, 2015

3) Appellant’s counsel has been unable to finish his Motion for

Rehearing due to a lingering side effect of his medical condition which has

recently resulted in vertigo when counsel’s head tilts just a few degrees.

4) Only the one previous motion for extension of time to file the

motion for rehearing has been requested or granted.

5) This motion is made not for delay but in the interest of justice.

PRAYER FOR RELIEF

For the reasons set forth above, Appellant prays that this Court extend

the deadline for filing his brief until July 27, 2015

Respectfully submitted,

/s/ Francis Williams Montenegro Francis Williams Montenegro Counsel for Appellants State Bar No. 21533500 1503A E. 13th St. Austin, Texas 78702 Telephone: (512) 554-2812

CERTIFICATE OF CONFERENCE

I Francis Williams Montenegro, Attorney for Appellants, hereby certify that I contacted by email the afternoon of July 20, 2015 by emailing Blake Henshaw of Shapiro Schwartz at bhenshaw@logs.com . On July 21, 2015 I received an email from Blake Henshaw that he would agree to a one week extension (July 27, 2015).

/s/ Francis Williams Montenegro Francis Williams Montenegro Counsel for Appellants

CERTIFICATE OF COMPLIANCE

I, Francis Williams Montenegro, Counsel for Appellants, certify that

the word count for this motion, as counted by Microsoft Word, is 554.

/s/ Francis Williams Montenegro Francis Williams Montenegro

CERTIFICATE OF SERVICE

I, Francis Williams Montenegro, Attorney for Appellants, certify that a true and correct motion of this First Amended Agreed Motion to Extend Time to File Appellant’s Second Motion for Rehearing was on this 10th of August 2015, delivered to the counsel for Appellees, SHAPIRO SCHWARTZ, LLP, by electronic service through CaseFileExpress, and by email at: bhenshaw@logs.com , Attention Blake Henshaw.

/s/ Francis Williams Montenegro Francis Williams Montenegro Attorney for Appellants

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Francis Williams Montenegro and Lynda Williams v. Wells Fargo Bank, N.A., Successor by Merger to Wells Fargo Bank, Minnesota, N.A., as Trustee F/K/A Norwest Bank Minnesota, N.A., as Trustee for the Structured Asset Securities Corporation Amortizing Residential Collateral Trust Mortgage Pass-Through, (Tex. Ct. App. 2015).

Francis Williams Montenegro and Lynda Williams v. Wells Fargo Bank, N.A., Successor by Merger to Wells Fargo Bank, Minnesota, N.A., as Trustee F/K/A Norwest Bank Minnesota, N.A., as Trustee for the Structured Asset Securities Corporation Amortizing Residential Collateral Trust Mortgage Pass-Through (Francis Williams Montenegro and Lynda Williams v. Wells Fargo Bank, N.A., Successor by Merger to Wells Fargo Bank, Minnesota, N.A., as Trustee F/K/A Norwest Bank Minnesota, N.A., as Trustee for the Structured Asset Securities Corporation Amortizing Residential Collateral Trust Mortgage Pass-Through) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.