Jeff O'Banion v. Inland Western Clear Lake Clear Shores GP, LLC and Shannon Methvin

Opinion

ACCEPTED 01-15-00704-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 11/30/2015 11:45:03 AM CHRISTOPHER PRINE CLERK

NO. 01-15-00704-CV

IN THE FIRST COURT OF APPEALS FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS HOUSTON, TEXAS 11/30/2015 11:45:03 AM CHRISTOPHER A. PRINE Clerk JEFF O’BANION, Appellant

VS.

INLAND WESTERN CLEAR LAKE GULF SHORES GP, LLC AND SHANNON METHVIN, Appellees

On Appeal from the County Court at Law No. 1, Galveston County, Texas Trial Court Cause Number CV-0061302

APPELLANT JEFF O’BANION’S SECOND MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF

TO THE HONORABLE COURT OF APPEALS:

Appellant Jeff O’Banion (“O’Banion), pursuant to the Texas Rule of

Appellate Procedure, files this Second Motion to Extend Time File Appellant’s

Brief, and in support of the motion shows the Court the following:

1. The deadline for filing the Brief is Monday, November 30, 2015.

2. Appellant seeks a one-week extension of time to file his brief, up to and

including Monday, December 7, 2015. 3. Appellant requires an extension of time to file the Appellant’s Brief for the

following reasons:

A. The intervening Thanksgiving holiday.

B. Extreme computer issues, which have greatly slowed the completion

of the brief. These include:

1. Damage to the screen and mother board, due to an accidental

breakage, of the undersigned counsel’s primary computer. The

computer contained the draft brief, notes, the record and the

undersigned’s password for his Lexis account;

2. The inability to get the computer repaired over the Thanksgiving

holiday weekend;

3. The apparent loss, by the undersigned counsel’s 16-year old son, of

counsel’s backup computer;

4. The time spent in retrieving passwords, retrieving backup copies of

the brief, notes, records, etc, and establishing them onto additional

office computers, all of which are being used by the undersigned’s

staff for their other job duties.

4. There has been one prior extensions for filing the Appellant’s Brief.

5. Appellant would further show that the appeal to this Court is taken from the

County Court at Law No. 1 of Galveston County, Texas, which rendered its

-2- judgment on May 15, 2015.

6. The facts set out above are within the personal knowledge of the

undersigned counsel.

THEREFORE, Appellant Jeff O’Banion respectfully requests that the Court

grant his second motion for extension of time to file his brief and afford him up to

and including December 7, 2015 to file Appellant’s Brief. O’Banion requests

such further and additional relief as the Court deems appropriate.

Respectfully submitted,

LAW OFFICE OF PHIL GRIFFIS

By: /s/ Phil Griffis Phil Griffis Texas Bar No. 08476400 2525 Bay Area Blvd., Suite 195 Houston, TX 77058 Telephone: 832-284-4013 Facsimile: 713-493-7253 pgriffis@griffislawfirm.com ATTORNEY FOR APPELLANT

CERTIFICATE OF CONFERENCE

As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I have conferred, or made a reasonable attempt to confer, with all other parties which are listed below about the merits of this motion with the following results:

I have contacted counsel for Appellee Inland Western Gulf Shores Clear Lake GP, LLC, but was unable to reach him over the holiday weekend.

Appellee Shannon Methvin is pro se, and does not accept mail at her last known address provided to the trial court. Counsel has been unable to reach her about the motion. Appellant will send a copy of the pleading to her, by regular

-3- mail and certified mail, return receipt requested, to her last known address.

/s/ Phil Griffis Phil Griffis

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 November 30, 2015 as follows:

R. Spencer Shytles Via Facsimile No. 972-770-2156 GRAHAM, BRIGHT & SMITH Two Lincoln Center 5420 LBJ Freeway #300 Dallas, TX 75240

Ms. Shannon Methvin Via Regular and Certified Mail RRR 414 Twin Timbers Kemah TX, 77565

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