Jerome J. Isaac and Michelle P. Isaac v. Vendor Resource Management, Inc. Mortgage Electronic Registration Systems, Inc. And CitiMortgage, Inc.

Opinion

ACCEPTED 03-14-00529-CV 4312640 THIRD COURT OF APPEALS AUSTIN, TEXAS 2/27/2015 12:01:31 PM JEFFREY D. KYLE CLERK

NO. 03-14-00529-CV FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 2/27/2015 12:01:31 PM 3Jn tbe \!rbirb (!Court of ~ppeals JEFFREY D. KYLE Clerk

JEROME J. ISAAC AND MICHELLE P. ISAAC, Appellants, v.

VENDOR RESOURCE MANAGEMENT, INC.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AND CITIMORTGAGE, INC., Appellees.

On Appeal from Cause No. 13-04720-C26 261h District Court, Williamson County, Texas Han. Billy Ray Stubblefield, Judge Presiding

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLEE VENDOR RESOURCE MANAGEMENT

TO THE HONORABLE THIRD COURT OF APPEALS:

Comes now, VENDOR RESOURCE MANAGEMENT, INC. ("Appellee") and respectfully

move the Court to extend the time to file APPELLEE'S BRIEF by 30 days to April 3, 2015 and

for said motion would show the Court as follows:

A. Background

1. The notice of appeal for this cause was filed on August 26, 2014 and the Clerk's

Record was filed on November 6, 2014. 2. The Reporter's Record was filed on November 17, 2014. Appellant's brief was filed

on February 2, 2015, after a notice of late brief and the granting of an unopposed extension.

3. Appellee's brief is currently due on March 4, 2015. Appellee requests an additional 30

days to file Appellee's brief, extending the due date to April 3, 2015.

B. Argument & Authorities

4. No rule limits the time to file this motion to extend. The Court may grant an extension

of time under Texas Rule of Appellate Procedure 38.6(d).

5. No previous extension of time to file Appellee's brief has been granted nor sought in this matter.

6. Appellee asks that the Court grant an extension of time to file Appellee's brief from

such due date, or such other date as the court calculates, until April 3, 2015. Appellee's counsel

has been unable to devote an appropriate effort to preparation of the brief due to professional and

personal demands on Appellee's Counsel's time. During the briefing period, Appellee's counsel

had due two motions for summary judgment and two answers for suits filed in federal court in

addition to his usual case load and court appearances. In addition, Appellee's counsel had three

significant family obligations during the briefing period that have made it difficult to work

during the evenings and on weekends.

D. Prayer

7. For these reasons, Appellee asks the Court to grant an extension of time to file its brief

until April3, 2015 and grant Appellee such other and further reliefto which it may be entitled or

is in the interest of justice. Respectfully Submitted,

JACK O'BOYLE & ASSOCIATES Attorney for Appellee

Is/Chris Ferguson o Jack O'Boyle SBN 15165300 o Travis Gray SBN 24044965 XXChris Ferguson SBN 24069714 P.O. Box 815369 Dallas, Texas 75381 Phone: 972.247.0653 Fax: 972.247.0642 chris@jackoboyle.com

Certificate Regarding Conference

I conferred with Appellant's Attorney, Michael Brinkley, by email on February 26, 2015 and Mr. Brinkley stated that he is not opposed to this motion. In addition, I also contacted counsel for the other Appellee's, John Ellis, and he too is unopposed to this motion.

Date: February 27, 2015 Is/Chris Ferguson Chris Ferguson

Certificate of Service

I certifY that on February 27, 2015 a true and correct copy of the foregoing was served via EFILETx.Gov e-service upon the following:

Michael Brinkley Susan A. Kidwell and John W. Ellis BRINKLEY LAW, PLLC Locke Lord L.L.P. TBN: 03004300 jellis@lockelord.com m@michaelbrinkley .com TBN: 24032626 TBN: 24078473 P.O. BOX 820711 600 Congress Avenue, Suite 2200 FORTH WORTH, TEXAS 76182 Austin, Texas 78701 P: 817.284.3535 II F: 888.388.6031 P: 512.305-470011F:512.305.4800 Counsel for Michelle P. and Jerome Counsel for Citimortgage, Inc., and J. Isaac Mortgage Electronic Registration Systems, Inc.

Is/Chris Ferguson Chris Ferguson