Jari'l Robinson and Ramonia Robinson v. Pace Homes

• Court: Court of Appeals of Texas
• Decided: June 17, 2015
• Docket: 05-15-00758-CV
• Status: Published

Opinion

ACCEPTED 05-15-00758-CV 05-15-00758-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 6/17/2015 4:39:37 PM LISA MATZ CLERK

Case No.:_________________ __________________________________________________________________ FILED IN 5th COURT OF APPEALS IN THE COURT OF APPEALS DALLAS, TEXAS 6/17/2015 4:39:37 PM FIFTH DISTRICT OF TEXAS LISA MATZ Clerk ______________________________________________________________________________

JERRY’L ROBINSON AND RAMONIA ROBINSON, Appellants

v.

PACE HOMES, INC., Appellee. ______________________________________________________________________________

Appealed from the 95th Judicial District Court of Dallas County, Texas Trial Court Cause Number DC-13-13967 The Honorable Ken Molberg, Presiding __________________________________________________________________

Appellants’ Motion to Extend Time to File Notice of Appeal __________________________________________________________________

Niles Illich SBOT: 24069969 The Law Office of Niles Illich, Ph.D., J.D. 701 Commerce Suite 400 Dallas, Texas 75202 Direct: (972) 802−1788 Facsimile: (972) 236−0088 Email: Niles@appealstx.com

Counsel for Appellants Jerry’L Robinson and Ramonia Robinson To the Honorable Fifth Court of Appeals:

Jerry’L Robinson and Ramonia Robinson present this, their Motion to

Extend Time to File Notice of Appeal.

INTRODUCTION

1. Jerry’L Robinson and Ramonia Robinson are the Appellants/Defendants and

Pace Homes, Inc. is the Appellee/Plaintiff.

2. This interlocutory appeal arises from a suit filed in the 95th District Court of

Dallas County, cause number DC-13-13967-D.

3. The Robinsons moved to dismiss the underlying case because it was subject

to resolution through binding arbitration. On May 17, 2015, the trial court denied

this motion. The deadline to file a notice of appeal was Saturday, June 6, 2015.

ARGUMENTS AND AUTHORITIES

4. Rule 26.1(b) provides that in an accelerated appeal that the notice of appeal

must be filed within 20 days of the order being appealed. TEX. R. APP. P. 26.1(b).

However, Rule 28.1(b) permits an appellant in an accelerated appeal to rely on

Rule 26.3 to extend the time to file the notice of appeal by 15 days. TEX. R. APP. P.

26.3 & 28.1(b).

5. Appellants request that this Court grant them the additional fifteen days

permitted under Rule 26.3 because they were not referred to an appellate attorney

until Monday, June 15, 2015 on the mistaken belief that they had 30 days to file the notice of appeal. Appellate counsel could not meet with the Robinsons until

Wednesday, June 17, 2015. On June 17, appellate counsel filed a notice of appeal

in the trial court and this motion in this Court.

6. Appellants recognize that accelerated appeals must move cleanly and

expeditiously and are prepared to adhere to the deadlines imposed in the Texas

Rules of Appellate Procedure.

PRAYER AND CONCLUSION

7. Appellants ask this Court to grant them an additional 15 days in which to file

their notice of appeal. This notice has already been submitted to the trial court

clerk.

Respectfully Submitted,

Niles Illich SBOT: 24069969 The Law Office of Niles Illich, Ph.D., J.D. 701 Commerce Suite 400 Dallas, Texas 75202 Direct: (972) 802−1788 Facsimile: (972) 236−0088 Email: Niles@appealstx.com CERTIFICATE OF CONFERENCE

Counsel for Appellants spoke with Linda Sorrells on June 17, 2015

regarding this Motion; she is opposed.

/s/ Niles Illich Niles Illich

CERTIFICATE OF COMPLIANCE

This is to certify that this Motion complies with Rule 9.4 of the Texas Rules

of Appellate Procedure. It is presented in Times New Roman font, size 14 and

contains 551 words.

CERTIFICATE OF SERVICE

This is to certify that the above motion to extend time to file notice of appeal

was served on Linda G. Sorrells, counsel for Appellee, via electronic service on

June 17, 2015. It was served on Roger Fuller, trial counsel for Appellants in the

same manner.