ACCEPTED 14-15-00392-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 9/9/2015 5:51:38 PM CHRISTOPHER PRINE CLERK
NO: 14-15-00392-CV
FILED IN 14th COURT OF APPEALS IN THE FOURTEENTH DISTRICT COURT OF APPEALS HOUSTON, TEXAS AT HOUSTON, TEXAS 9/9/2015 5:51:38 PM CHRISTOPHER A. PRINE Clerk JAY H. COHEN, Appellant v. TOUR PARTNERS, LTD, Appellee
From the 269th Judicial District Court of Harris County, Texas Trial Court Cause No. 2013-41051
APPELLANT’S THIRD MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF TO ALLOW TIME FOR SUPPLEMENTAL RECORD TO BE FILED
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
Pursuant to Texas Rule of Appellate Procedure 26.3, Appellant Jay H.
Cohen files this Motion for Extension of Time to File his Appellant’s Brief,
which motion complies with Rule 10.5(b), and in support thereof would
respectfully show as follows:
1. This is an appeal from a final judgment in Cause No. 2013-41051;
Jay H. Cohen v. Tour Partners, Ltd. and Preston Realty Corporation; in the
269th Judicial District Court of Harris County, Texas.
2. This is Appellant’s third request for an extension of time. Appellant’s first unopposed request was granted on July 9, 2015 and his second
unopposed request was granted on August 13, 2015.
3. The original clerk’s record was incomplete. The clerk’s record
filed failed to contain all of the summary judgment pleadings upon which the
trial court ruled and a supplemental record was requested on July 29, 2015.
4. Appellant also filed an Unopposed Motion with the Court of
Appeals to permit the filing of the Supplemental Clerk’s Record. The Court of
Appeals granted Appellant’s Unopposed Motion to Supplement the Clerk’s
Record on August 13, 2015.
5. Appellee’s counsel has stated that Appellee opposes this request
for an extension to allow time for the requested Supplemental Clerk’s Record to
be filed.
6. The Supplemental Clerk’s Record has not been prepared or filed.
Attached as Exhibit 1 hereto is Appellant’s counsel’s correspondence of even
date to the Harris County District Clerk requesting that the Supplemental
Clerk’s Record be RUSHED.
7. The extended deadline for Appellant to file his initial brief is
today, September 9, 2015.
8. Because the Supplemental Clerk’s Record has yet to be filed,
Appellant is unable to properly or adequately prepare Appellant’s brief and is
2 requesting an extension of time until the earlier of 14-days after the
Supplemental Clerk’s Record is filed or October 15, 2015.
9. Mr. Cohen does not seek this extension for the purposes of delay.
Appellant seeks this extension in the interest of justice; specifically to permit
the incomplete record to be supplemented pursuant to the pending request to the
trial court clerk.
PRAYER
For all these reasons, Appellant Jay H. Cohen respectfully requests a 30-
day extension of time for filing his Appellant’s Brief from today, September 9,
2015 until the earlier of 14-days after the Supplemental Clerk’s Record is filed
with the Court of Appeals or October 15, 2015. Mr. Cohen also seeks all such
other or further relief to which he may be justly entitled.
TWOMEY | MAY, PLLC
/s/ George F. May/ _______________________________ George F. May TBA No. 24037050 2 Riverway, 15th Floor Houston, Texas 77056 (713) 659-0000 [Telephone] (832) 201-8485 [Telecopier] george@twomeymay.com
Counsel for Appellant, Jay H. Cohen
3 CERTIFICATE OF CONFERENCE
I certify that on September 9, 2015, I conferred with Sam Haren, co-counsel for Appellee, via email and counsel stated that Appellee is opposed to this motion.
/s/ George F. May/ _______________________________ George F. May
CERTIFICATE OF SERVICE
As required by Texas Rule of Appellate Procedure 6.3 and 9.5(b), (d), (e), I certify that I have served this document on counsel for Appellee as listed below on September 9, 2015 as follows:
Walter J. Cicack wcicack@hmgnc.com HAWASH MEAD GASTON NEESE & CICACK, LLP 2118 Smith Street Houston, Texas 77002 Telephone: (713) 658-9001 Facsimile: (713) 658-9011
Attorneys for Appellee Tour Partners, Ltd.
By (check all that apply) personal delivery mail commercial delivery service X fax, email, or electronic service
/s/ George F. May/ George F. May
Date: September 9, 2015
4 TWOMEY | MAY, P.L.L.C. TWOMEY | MAY, P.L.L.C. Attorneys at Law 2 Riverway, 15th Floor George F. May Houston, Texas 77056 george@twomeymay.com (713) 659-0000 – Telephone (832) 201-8485 – Telecopier
August 9, 2015
Mr. Chris Daniel Via E-File and Hand Delivery District Clerk, Civil Division Attn: Ms. Phyllis Washington, Deputy Post Judgment P.O. Box 4651 Houston, Texas 77210
RE: Request to Rush Supplemental Clerk’s Record in Appellate Case No. 14-15-00392-CV; Jay Cohen v. Tour Partners, Ltd. and Preston Realty Corporation; In the Fourteenth Court of Appeals, Houston, Texas- Trial Court No. 2012-41051
Dear Ms. Washington:
On July 29, 2015, a request to supplement the clerk’s record in the above referenced case was filed by Appellant Jay Cohen. The request is attached as Exhibit A.
On August 13, 2015, the Fourteenth Court of Appeals granted Mr. Cohen’s motion to supplement the Clerk’s Record. Notice of the Court of Appeal’s Order is attached as Exhibit B.
The deadline for Mr. Cohen’s Appellant’s brief was set to be today, September 9, 2015. The supplemental record has not been prepared or filed and Mr. Cohen is requesting that the preparation and filing of the supplemental clerk’s record be RUSHED and fulfilled on the earliest possible date.
Please contact me when your office has calculated the estimated cost of the supplemental record and we will hand-deliver payment the same day.
Thank you for your assistance and cooperation in this urgent matter. Please contact me if you have any questions.
Very truly yours,
/s/ George F. May/
George F. May
Counsel for Appellant Jay Cohen
Cc: Walter Cicack (via e-mail to wcicack@hmgnc.com) Sam Haren (via e-mail to sharen@hmgnc.com) EXHIBIT A 7/29/2015 4:30:28 PM Chris Daniel - District Clerk Harris County Envelope No. 6281005 By: Duane Gilmore Filed: 7/29/2015 4:30:28 PM
NO. 2013-41051
JAY COHEN, § IN THE DISTRICT COURT OF Plaintiff § § v. § HARRIS COUNTY, TEXAS § TOUR PARTNERS, LTD., and § PRESTON REALTY CORPORATION, §
k ler Defendants § 269th JUDICIAL DISTRICT
tC REQUEST FOR SUPPLEMENTAL CLERK’S RECORD
ric TO THE HONORABLE COURT:
ist lD COMES NOW Plaintiff Jay Cohen pursuant to Rule 34.5 of the Texas Rule of Appellate
nie Procedure to respectfully request that the clerk prepare a supplement to the record in the appeal
Da from the above numbered and styled case. The supplemental record should be certified and is delivered to the Fourteenth Court of Appeals in Appeal Case 14-15-00392-CV. hr C
Mr. Cohen requests that the following be included in the supplemental record: of
Image No. 65211494 Plaintiff Jay Cohens Notice of Appeal - filed on 04/28/2015; 2 pages e
Image No. 64452951 Plaintiff's Motion for New Trial - filed on 02/27/2015; 8 pages ffic
Image No. 64023492 ORDER SIGNED GRANTING ENTRY OF TEMPORARY ORDERS - filed on 01/28/2015; 5 pages O
Image No. 63171721 Plaintiff Jay Cohen's motion for default judgment against defendant Preston y
Realty Corporation - filed on 11/13/2014; 5 pages op
Image No. 63171722 Exhibit A - filed on 11/13/2014; 2 pages Image No. 63171723 Exhibit B - filed on 11/13/2014; 2 pages C
Image No.
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ACCEPTED 14-15-00392-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 9/9/2015 5:51:38 PM CHRISTOPHER PRINE CLERK
NO: 14-15-00392-CV
FILED IN 14th COURT OF APPEALS IN THE FOURTEENTH DISTRICT COURT OF APPEALS HOUSTON, TEXAS AT HOUSTON, TEXAS 9/9/2015 5:51:38 PM CHRISTOPHER A. PRINE Clerk JAY H. COHEN, Appellant v. TOUR PARTNERS, LTD, Appellee
From the 269th Judicial District Court of Harris County, Texas Trial Court Cause No. 2013-41051
APPELLANT’S THIRD MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF TO ALLOW TIME FOR SUPPLEMENTAL RECORD TO BE FILED
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
Pursuant to Texas Rule of Appellate Procedure 26.3, Appellant Jay H.
Cohen files this Motion for Extension of Time to File his Appellant’s Brief,
which motion complies with Rule 10.5(b), and in support thereof would
respectfully show as follows:
1. This is an appeal from a final judgment in Cause No. 2013-41051;
Jay H. Cohen v. Tour Partners, Ltd. and Preston Realty Corporation; in the
269th Judicial District Court of Harris County, Texas.
2. This is Appellant’s third request for an extension of time. Appellant’s first unopposed request was granted on July 9, 2015 and his second
unopposed request was granted on August 13, 2015.
3. The original clerk’s record was incomplete. The clerk’s record
filed failed to contain all of the summary judgment pleadings upon which the
trial court ruled and a supplemental record was requested on July 29, 2015.
4. Appellant also filed an Unopposed Motion with the Court of
Appeals to permit the filing of the Supplemental Clerk’s Record. The Court of
Appeals granted Appellant’s Unopposed Motion to Supplement the Clerk’s
Record on August 13, 2015.
5. Appellee’s counsel has stated that Appellee opposes this request
for an extension to allow time for the requested Supplemental Clerk’s Record to
be filed.
6. The Supplemental Clerk’s Record has not been prepared or filed.
Attached as Exhibit 1 hereto is Appellant’s counsel’s correspondence of even
date to the Harris County District Clerk requesting that the Supplemental
Clerk’s Record be RUSHED.
7. The extended deadline for Appellant to file his initial brief is
today, September 9, 2015.
8. Because the Supplemental Clerk’s Record has yet to be filed,
Appellant is unable to properly or adequately prepare Appellant’s brief and is
2 requesting an extension of time until the earlier of 14-days after the
Supplemental Clerk’s Record is filed or October 15, 2015.
9. Mr. Cohen does not seek this extension for the purposes of delay.
Appellant seeks this extension in the interest of justice; specifically to permit
the incomplete record to be supplemented pursuant to the pending request to the
trial court clerk.
PRAYER
For all these reasons, Appellant Jay H. Cohen respectfully requests a 30-
day extension of time for filing his Appellant’s Brief from today, September 9,
2015 until the earlier of 14-days after the Supplemental Clerk’s Record is filed
with the Court of Appeals or October 15, 2015. Mr. Cohen also seeks all such
other or further relief to which he may be justly entitled.
TWOMEY | MAY, PLLC
/s/ George F. May/ _______________________________ George F. May TBA No. 24037050 2 Riverway, 15th Floor Houston, Texas 77056 (713) 659-0000 [Telephone] (832) 201-8485 [Telecopier] george@twomeymay.com
Counsel for Appellant, Jay H. Cohen
3 CERTIFICATE OF CONFERENCE
I certify that on September 9, 2015, I conferred with Sam Haren, co-counsel for Appellee, via email and counsel stated that Appellee is opposed to this motion.
/s/ George F. May/ _______________________________ George F. May
CERTIFICATE OF SERVICE
As required by Texas Rule of Appellate Procedure 6.3 and 9.5(b), (d), (e), I certify that I have served this document on counsel for Appellee as listed below on September 9, 2015 as follows:
Walter J. Cicack wcicack@hmgnc.com HAWASH MEAD GASTON NEESE & CICACK, LLP 2118 Smith Street Houston, Texas 77002 Telephone: (713) 658-9001 Facsimile: (713) 658-9011
Attorneys for Appellee Tour Partners, Ltd.
By (check all that apply) personal delivery mail commercial delivery service X fax, email, or electronic service
/s/ George F. May/ George F. May
Date: September 9, 2015
4 TWOMEY | MAY, P.L.L.C. TWOMEY | MAY, P.L.L.C. Attorneys at Law 2 Riverway, 15th Floor George F. May Houston, Texas 77056 george@twomeymay.com (713) 659-0000 – Telephone (832) 201-8485 – Telecopier
August 9, 2015
Mr. Chris Daniel Via E-File and Hand Delivery District Clerk, Civil Division Attn: Ms. Phyllis Washington, Deputy Post Judgment P.O. Box 4651 Houston, Texas 77210
RE: Request to Rush Supplemental Clerk’s Record in Appellate Case No. 14-15-00392-CV; Jay Cohen v. Tour Partners, Ltd. and Preston Realty Corporation; In the Fourteenth Court of Appeals, Houston, Texas- Trial Court No. 2012-41051
Dear Ms. Washington:
On July 29, 2015, a request to supplement the clerk’s record in the above referenced case was filed by Appellant Jay Cohen. The request is attached as Exhibit A.
On August 13, 2015, the Fourteenth Court of Appeals granted Mr. Cohen’s motion to supplement the Clerk’s Record. Notice of the Court of Appeal’s Order is attached as Exhibit B.
The deadline for Mr. Cohen’s Appellant’s brief was set to be today, September 9, 2015. The supplemental record has not been prepared or filed and Mr. Cohen is requesting that the preparation and filing of the supplemental clerk’s record be RUSHED and fulfilled on the earliest possible date.
Please contact me when your office has calculated the estimated cost of the supplemental record and we will hand-deliver payment the same day.
Thank you for your assistance and cooperation in this urgent matter. Please contact me if you have any questions.
Very truly yours,
/s/ George F. May/
George F. May
Counsel for Appellant Jay Cohen
Cc: Walter Cicack (via e-mail to wcicack@hmgnc.com) Sam Haren (via e-mail to sharen@hmgnc.com) EXHIBIT A 7/29/2015 4:30:28 PM Chris Daniel - District Clerk Harris County Envelope No. 6281005 By: Duane Gilmore Filed: 7/29/2015 4:30:28 PM
NO. 2013-41051
JAY COHEN, § IN THE DISTRICT COURT OF Plaintiff § § v. § HARRIS COUNTY, TEXAS § TOUR PARTNERS, LTD., and § PRESTON REALTY CORPORATION, §
k ler Defendants § 269th JUDICIAL DISTRICT
tC REQUEST FOR SUPPLEMENTAL CLERK’S RECORD
ric TO THE HONORABLE COURT:
ist lD COMES NOW Plaintiff Jay Cohen pursuant to Rule 34.5 of the Texas Rule of Appellate
nie Procedure to respectfully request that the clerk prepare a supplement to the record in the appeal
Da from the above numbered and styled case. The supplemental record should be certified and is delivered to the Fourteenth Court of Appeals in Appeal Case 14-15-00392-CV. hr C
Mr. Cohen requests that the following be included in the supplemental record: of
Image No. 65211494 Plaintiff Jay Cohens Notice of Appeal - filed on 04/28/2015; 2 pages e
Image No. 64452951 Plaintiff's Motion for New Trial - filed on 02/27/2015; 8 pages ffic
Image No. 64023492 ORDER SIGNED GRANTING ENTRY OF TEMPORARY ORDERS - filed on 01/28/2015; 5 pages O
Image No. 63171721 Plaintiff Jay Cohen's motion for default judgment against defendant Preston y
Realty Corporation - filed on 11/13/2014; 5 pages op
Image No. 63171722 Exhibit A - filed on 11/13/2014; 2 pages Image No. 63171723 Exhibit B - filed on 11/13/2014; 2 pages C
Image No. 63171724 Exhibit C - filed on 11/13/2014; 3 pages ial
Image No. 63171725 Exhibit C-1 - filed on 11/13/2014; 3 pages Image No. 63171726 Exhibit C-2 - filed on 11/13/2014; 4 pages fic
Image No. 63093159 Tour Partner's motion to strike and special exceptions - filed on of
11/07/2014; 4 pages Image No. 63171651 Proposed Order - filed on 11/13/2014; 1 page Un
Image No. 63102481 Notice of submission - filed on 11/07/2014; 1 page Image No. 63084911 Tour Partner's reply in support of its traditional and no evidence motion for summary judgment and objections to Cohen's summary judgment evidence - filed on 11/06/2014; 17 pages Image No. 63084913 Exhibit 20 - filed on 11/06/2014; 12 pages Image No. 63084914 Exhibit 21 - filed on 11/06/2014; 19 pages Image No. 63084915 Exhibit 22 - filed on 11/06/2014; 7 pages Image No. 63030179 Plaintiff's objection and response to defendant's traditional and No- evidence motion for summary judgment - filed on 11/03/2014; 27 pages Image No. 63030198 Ex. 16 - filed on 11/03/2014; 8 pages Image No. 63030180 Exhibit A - filed on 11/03/2014; 6 pages Image No. 63037684 Exhibit A - filed on 11/03/2014; 2 pages Image No. 63030181 Exhibit A-1 - filed on 11/03/2014; 15 pages Image No. 63030192 Exhibit A-10 - filed on 11/03/2014; 22 pages Image No. 63030193 Exhibit A-11 - filed on 11/03/2014; 3 pages Image No. 63030194 Exhibit A-12 - filed on 11/03/2014; 5 pages Image No. 63030195 Exhibit A-13 - filed on 11/03/2014; 5 pages Image No. 63030196 Exhibit A-14 - filed on 11/03/2014; 6 pages
k Image No. 63030197 Exhibit A-15 - filed on 11/03/2014; 3 pages
ler Image No. 63030199 Exhibit A-16a - filed on 11/03/2014; 3 pages Image No. 63030200 Exhibit A-17 - filed on 11/03/2014; 3 pages
tC Image No. 63030201 Exhibit A-18 - filed on 11/03/2014; 9 pages Image No. 63030202 Exhibit A-19 - filed on 11/03/2014; 5 pages
ric Image No. 63030182 Exhibit A-2 - filed on 11/03/2014; 15 pages
ist Image No. 63030203 Exhibit A-20 - filed on 11/03/2014; 32 pages Image No. 63030204 Exhibit A-21 - filed on 11/03/2014; 5 pages
lD Image No. 63030205 Exhibit A-22 - filed on 11/03/2014; 6 pages Image No. 63030206 Exhibit A-23 - filed on 11/03/2014; 5 pages
nie Image No. 63030207 Exhibit A-24 - filed on 11/03/2014; 6 pages Image No. 63030208 Exhibit A-25 - filed on 11/03/2014; 6 pages Da Image No. 63030209 Exhibit A-26 - filed on 11/03/2014; 7 pages is Image No. 63030210 Exhibit A-27 - filed on 11/03/2014; 7 pages Image No. 63030211 Exhibit A-28 - filed on 11/03/2014; 6 pages hr
Image No. 63030183 Exhibit A-3 - filed on 11/03/2014; 2 pages C
Image No. 63037683 EXHIBIT A-4 - filed on 11/03/2014; 3 pages Image No. 63030185 Exhibit A-5 - filed on 11/03/2014; 4 pages of e
Image No. 63030186 Exhibit A-6 - filed on 11/03/2014; 5 pages ffic
Image No. 63030187 Exhibit A-7 - filed on 11/03/2014; 4 pages Image No. 63030188 Exhibit A-8 - filed on 11/03/2014; 4 pages O
Image No. 63030189 Exhibit A-9 - filed on 11/03/2014; 3 pages Image No. 63030190 Exhibit A-9a - filed on 11/03/2014; 7 pages y op
Image No. 63030191 Exhibit A-9b - filed on 11/03/2014; 6 pages Image No. 63030212 Exhibit B - filed on 11/03/2014; 2 pages C
Image No. 63030213 Exhibit B-1 - filed on 11/03/2014; 4 pages Image No. 63030214 Exhibit B-2 - filed on 11/03/2014; 7 pages ial
Image No. 63030215 Exhibit C - filed on 11/03/2014; -145 pages fic
Image No. 63093155 Proposed Order - filed on 11/07/2014; 2 pages Image No. 63030217 Plaintiff's objection and response to defendant's traditional and No- of
evidence motion for summary judgment - filed on 11/03/2014; 27 pages Un
Image No. 63030236 Exhibit 16 - filed on 11/03/2014; 8 pages Image No. 63030218 Exhibit A - filed on 11/03/2014; 6 pages Image No. 63030219 Exhibit A-1 - filed on 11/03/2014; 15 pages Image No. 63030230 Exhibit A-10 - filed on 11/03/2014; 22 pages Image No. 63030231 Exhibit A-11 - filed on 11/03/2014; 3 pages Image No. 63030232 Exhibit A-12 - filed on 11/03/2014; 5 pages Image No. 63030233 Exhibit A-13 - filed on 11/03/2014; 5 pages Image No. 63030234 Exhibit A-14 - filed on 11/03/2014; 6 pages Image No. 63030235 Exhibit A-15 - filed on 11/03/2014; 3 pages Image No. 63030237 Exhibit A-16a - filed on 11/03/2014; 3 pages
2 Image No. 63030238 Exhibit A-17 - filed on 11/03/2014; 3 pages Image No. 63030239 Exhibit A-18 - filed on 11/03/2014; 9 pages Image No. 63030240 Exhibit A-19 - filed on 11/03/2014; 5 pages Image No. 63030220 Exhibit A-2 - filed on 11/03/2014; 15 pages Image No. 63030241 Exhibit A-20 - filed on 11/03/2014; 32 pages Image No. 63030242 Exhibit A-21 - filed on 11/03/2014; 5 pages Image No. 63030243 Exhibit A-22 - filed on 11/03/2014; 6 pages Image No. 63030244 Exhibit A-23 - filed on 11/03/2014; 5 pages Image No. 63030245 Exhibit A-24 - filed on 11/03/2014; 6 pages
k Image No. 63030246 Exhibit A-25 - filed on 11/03/2014; 6 pages
ler Image No. 63030247 Exhibit A-26 - filed on 11/03/2014; 7 pages Image No. 63030248 Exhibit A-27 - filed on 11/03/2014; 7 pages
tC Image No. 63030249 Exhibit A-28 - filed on 11/03/2014; 6 pages Image No. 63030221 Exhibit A-3 - filed on 11/03/2014; 2 pages
ric Image No. 63030222 Exhibit A-4 - filed on 11/03/2014; 5 pages
ist Image No. 63030223 Exhibit A-5 - filed on 11/03/2014; 4 pages Image No. 63030224 Exhibit A-6 - filed on 11/03/2014; 5 pages
lD Image No. 63030225 Exhibit A-7 - filed on 11/03/2014; 4 pages Image No. 63030226 Exhibit A-8 - filed on 11/03/2014; 4 pages
nie Image No. 63030227 Exhibit A-9 - filed on 11/03/2014; 3 pages Image No. 63030228 Exhibit A-9a - filed on 11/03/2014; 7 pages Da Image No. 63030229 Exhibit A-9b - filed on 11/03/2014; 6 pages is Image No. 63030250 Exhibit B - filed on 11/03/2014; 2 pages Image No. 63030251 Exhibit B-1 - filed on 11/03/2014; 4 pages hr
Image No. 63030252 Exhibit B-2 - filed on 11/03/2014; 7 pages C
Image No. 63030253 Exhibit C - filed on 11/03/2014; 145 pages Image No. 62928870 Tour Partners Response to Plaintiff's Unopposed Motion to Substitute of
Counsel - filed on 10/27/2014; 2 pages e
Image No. 62861852 Plaintiff Jay Cohen's unopposed Motion to Substitute counsel - filed on ffic
10/22/2014; 4 pages Image No. 62861853 proposed order granting motion to substitute counsel - filed on 10/22/2014; O
2 pages Image No. 62821118 Tour Partners' Traditional and No-Evidence Motion for Summary y op
Judgment - filed on 10/17/2014; 36 pages Image No. 62821121 Exhibit 1 - filed on 10/17/2014; 76 pages C
Image No. 62821130 Exhibit 10 - filed on 10/17/2014; 3 pages Image No. 62821131 Exhibit 11 - filed on 10/17/2014; 3 pages ial
Image No. 62821132 Exhibit 12 - filed on 10/17/2014; 4 pages fic
Image No. 62821133 Exhibit 13 - filed on 10/17/2014; 4 pages Image No. 62821134 Exhibit 14 - filed on 10/17/2014; 4 pages of
Image No. 62821135 Exhibit 15 - filed on 10/17/2014; 7 pages Un
Image No. 62821136 Exhibit 16 - filed on 10/17/2014; 15 pages Image No. 62821137 Exhibit 17 - filed on 10/17/2014; 8 pages Image No. 62821138 Exhibit 18 - filed on 10/17/2014; 9 pages Image No. 62821139 Exhibit 19 - filed on 10/17/2014; 5 pages Image No. 62821122 Exhibit 2 - filed on 10/17/2014; 5 pages Image No. 62821123 Exhibit 3 - filed on 10/17/2014; 3 pages Image No. 62821124 Exhibit 4 - filed on 10/17/2014; 19 pages Image No. 62821125 Exhibit 5 - filed on 10/17/2014; 12 pages Image No. 62821126 Exhibit 6 - filed on 10/17/2014; 6 pages Image No. 62821127 Exhibit 7 - filed on 10/17/2014; 45 pages
3 Image No. 62821128 Exhibit 8 - filed on 10/17/2014; 2 pages Image No. 62821129 Exhibit 9 - filed on 10/17/2014; 4 pages Image No. 62663391 Motion for Withdrawal of Counsel - filed on 10/07/2014; 2 pages Image No. 62663392 Docket Control Order - filed on 10/07/2014; 1 pages Image No. 62690110 Exhibit 03 - filed on 10/09/2014; 2 pages Image No. 62305356 ORDER SIGNED GRANTING ENTRY OF TEMPORARY ORDERS - filed on 08/25/2014; 1 pages Image No. 61683924 Discovery Control Plan - filed on 07/23/2014; 1 pages Image No. 61512462 Plaintiffs Ellington F Holdings LLC's and R. David Denenberg's
k Objections and Response in Opposition to Defendant Tour Partners, Ltd.'s Motion to Consolidate
ler - filed on 07/10/2014; 7 pages Image No. 61519437 Supplement to Plaintiff's Response to Defendant, Tour Partners, Ltd.'s,
tC Motion for Judicial Review of Documentation or Instrument Purporting to Create a Lien, Claim or Interest in Real Property - filed on 07/10/2014; 3 pages
ric Image No. 61519438 Plaintiffs Ellington F Holdings LLC's and R. David Denenburg's Amended
ist Objections and Response in Opposition to defendant Tour Partners, Ltd.'s Motion to Consolidate - filed on 07/10/2014; 7 pages
lD Image No. 61519439 Exhibit 1 - filed on 07/10/2014; 61 pages Image No. 61519440 Exhibit 2 - filed on 07/10/2014; 7 pages
nie Image No. 61519441 Exhibit 3 - filed on 07/10/2014; 15 pages Image No. 61519442 Proposed Order - filed on 07/10/2014; 1 pages Da Image No. 61528236 Plaintiff's response to defendant, Tour Partners, LTD's motion for judicial is review of documentation or instrument purporting to create a lien, claim or interest in real property - filed on 07/10/2014; 8 pages hr
Image No. 61528242 Exhibit A - filed on 07/10/2014; 6 pages C
Image No. 61528243 Exhibit B - filed on 07/10/2014; 9 pages Image No. 61528244 Exhibit C - filed on 07/10/2014; 5 pages of
Image No. 61528245 Proposed order - filed on 07/10/2014; 1 pages e
Image No. 61528501 Plaintiff's response to defendant, Tour Partners, LTD's motion to ffic
consolidate - filed on 07/10/2014; 2 pages Image No. 61528504 Proposed order - filed on 07/10/2014; 1 pages O
Image No. 60738990 Defendant Tour Partners, ltd.'s motion to consolidate - filed on 05/09/2014; 3 pages y op
Image No. 60738991 Exhibit 1 - filed on 05/09/2014; 1 pages Image No. 60738992 Proposed order - filed on 05/09/2014; 2 pages C
Image No. 60741538 Defendant Tour Partners motion for judicial review of documentation or instrument purporting to create a lien, claim, or interest in real property - filed on 05/09/2014; 6 ial
pages fic
Image No. 60741541 Exhibit 1, Subordination of Lien - filed on 05/09/2014; 4 pages Image No. 60741543 Proposed order - filed on 05/09/2014; 2 pages of
Image No. 60745044 Exhibit a to Defendants Second amended answer and original counterclaim Un
- filed on 05/09/2014; 4 pages Image No. 58939261 Defendants withdrawal of defendants amended motion to dismiss directed to plaintiffs first amended petition - filed on 12/24/2013 2 pages Image No. 58636392 Plaintiff's second amended petition - filed on 12/06/2013 8 pages Image No. 58636433 Plaintiff's second amended petition - filed on 12/06/2013 8 pages Image No. 586Image No. 62602 Plaintiff's Response to Tour Partners, Ltd.'s Amended Motion to Dismiss - filed on 12/06/2013 9 pages Image No. 58388466 Defendant's Amended Motion to Dismiss Directed to Plaintiff's First Amended Petition - filed on 11/21/2013 6 pages Image No. 57990831 Plaintiffs Response to Defendants Motion to Dismiss - filed on 10/25/2013
4 4 pages Image No. 58052445 Plaintiff's First Amended Petition - filed on 10/25/2013 7 pages Image No. 58052446 Exhibit E - filed on 10/25/2013 3 pages Image No. 57672083 Defendants Motion to Dismiss - filed on 10/07/2013 9 pages Image No. 57672084 Original Answer Subject to Motion to Dismiss - filed on 10/07/2013 4 pages
Please expedite this request as the appeal is currently pending. Mr. Cohen will pre-pay
k ler the estimated cost of the supplemental record immediately.
tC : Respectfully submitted,
ric ist TWOMEY | MAY, PLLC
lD /s/ George F. May/ _______________________________
nie George F. May Da State Bar No. 24037050 2 Riverway, 15th Floor is Houston, Texas 77056 hr
(713) 659-0000 Telephone (832) 201-8485 Facsimile C
george@twomeymay.com of e
Attorneys for Plaintiff Jay Cohen ffic y O op C ial fic of Un
5 CERTIFICATE OF SERVICE
As required by Texas Rule of Appellate Procedure 6.3 and 9.5(b), (d), (e), I certify that I have served this document on all other parties, which are listed below on July 29, 2015 as follows:
Walter J. Cicack wcicack@hmgnc.com HAWASH MEAD GASTON NEESE & CICACK, LLP 2118 Smith Street
k ler Houston, Texas 77002 Telephone: (713) 658-9001
tC Facsimile: (713) 658-9011
ric Attorneys for Defendant Tour Partners, Ltd.
ist lD By (check all that apply) personal delivery
nie mail commercial delivery service X Da fax, email, or electronic service is hr
/s/ George F. May/ C
George F. May of e
Date: July 28, 2015 ffic y O op C ial fic of Un
6 EXHIBIT B FILE COPY
FOURTEENTH COURT OF APPEALS 301 Fannin, Suite 245 Houston, Texas 77002 Thursday, August 13, 2015
RE: Case No. 14-15-00392-CV
Style: Jay Cohen v. Tours Partners, Ltd. and Preston Realty Corporation
Please be advised that on this day the Court GRANTED APPELLANT’S motion to supplement the record in the above cause.
T. C. Case # 2013-41051 Christopher Prine, Clerk
Harris County, District Clerk, Civil Division Harris County District Clerk - Civil 201 Caroline, Ste 420 Houston, TX 77002 DELIVERED VIA E-MAIL
FOURTEENTH COURT OF APPEALS 301 Fannin, Suite 245 Houston, Texas 77002 Thursday, August 13, 2015
Style: Jay Cohen v. Tours Partners, Ltd. and Preston Realty Corporation
Please be advised that on this day the Court GRANTED APPELLANT’S motion to supplement the record in the above cause.
Harris County, District Clerk, Civil Division Harris County District Clerk - Civil 201 Caroline, Ste 420 Houston, TX 77002 DELIVERED VIA E-MAIL