Jennifer Mitchell and TCSM, LLC v. Turbine Resources Unlimited, Inc. and Tom George & International A., Inc.

Opinion

ACCEPTED 14-15-00417-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 11/25/2015 1:33:05 PM CHRISTOPHER PRINE CLERK

No. 14-15-00417-CV

IN THE FOURTEENTH COURT OF APPEALS FILED IN 14th COURT OF APPEALS at HOUSTON, TEXAS HOUSTON, TEXAS 11/25/2015 1:33:05 PM CHRISTOPHER A. PRINE JENNIFER MITCHELL and TCSM, LLC, Clerk Appellants

v.

TURBINE RESOURCES UNLIMITED, INC. Appellee

On appeal from the 61st District Court, Harris County, Texas, Cause No. 2004-41286

APPELLEE’S FIRST MOTION FOR EXTENSION OF TIME

Appellee, Turbine Resources Unlimited, Inc., files this First Motion for Extension

of Time. In support thereof, Appellee would show the following:

1. This motion is time-sensitive. Appellees’ Brief is due today, November

25, 2015. Appellee recently retained the undersigned counsel to handle

these matters on this appeal. This is a consolidated appeal from (1) an

interlocutory appeal filed on May 4, 2015, and (2) an appeal from a final order, filed on

July 2, 2015. This Court consolidated both appeals under Cause No. 14-15-00417-CV.

{372001-00002 SNR 11/24/2015 01016454.DOCX 1 } Page 1 of 3 2. Appellee has ordered supplements to the Clerk’s Record which will require

approximately 30 days considering the holiday season.

3. Appellee requests a 45 day extension to file their brief.

4. This is Appellee’s first request for an extension of time.

5. Appellee submits this motion not for the purposes of delay, but so that justice

may be done.

6. Appellants appeal concerns an order obtained by the Receiver. The second appealed

order denied appellant’s motion to modify the turnover order and claims that the Master’s

Reports are void. Riecke Baumann, Receiver and Master, is named as a party with an

interest in the outcome, but not as an appellee. Movant asks that the extension include

Receiver and Master, as neither Appellee nor Riecke Baumann has determined whether he

is an appellee and what his rights and duties are in this appeal.

Prayer

WHEREFORE, Appellee requests that all interested parties are granted a 45- day

extension to file their briefs; Appellee also prays for all other relief at law or in equity

to which the Court deems they may be justly entitled.

Respectfully submitted,

HOOVER SLOVACEK LLP

/s/ Brendetta A. Scott Brendetta A. Scott

{372001-00002 SNR 11/24/2015 01016454.DOCX 1 } Page 2 of 3 State Bar No. 24012219 scott@hooverslovacek.com 5051Westheimer, Suite 1200 Houston, Texas 77056

CERTIFICATE OF CONFERENCE

I certify that I contacted Appellant’s Counsel on November 24, 2015 to determine whether counsel is opposed to this motion. The parties were not able to reach an agreement.

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the M o t i o n t o E x t e n d w a s served on November 25, 2015 by electronic notification upon all counsel of record.

W. Joel Bryant Alan Cervenka Famose Garner joel@bryantlaw.net cervenka2001@aol.com 10101 Southwest Fwy, Ste. 400 T. Kyle Bryant Attorney for Tom George and Houston, Texas 77074 kyle@bryantlaw.net International A, Inc. famosegarner@gmail.com Counsel for Jennifer Mitchell and TCSM, LLC. John Michael Owen Sonik Vinson & Elkins Perdue Brandon Fielder Collins 1001 Fannin St., Ste. 2500 & Mott, LLP Houston, Texas 77002 1235 North Loop West, Ste, 600 (713) 615 - 5231 (f) Houston, Texas 77008 jmichael@velaw.com (713) 862 - 1429 (f) osonik@pbfcm.com

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