Joel Mallory Junior v. West Bellfort Property Owners Association

Opinion

ACCEPTED 01-14-00936-cv FIRST COURT OF APPEALS HOUSTON, TEXAS 6/2/2015 11:12:37 AM CHRISTOPHER PRINE CLERK

No. 01-14-00936-CV

FILED IN 1st COURT OF APPEALS IN THE COURT OF APPEALS HOUSTON, TEXAS 6/2/2015 11:12:37 AM FOR THE FIRST DISTRICT OF TEXAS CHRISTOPHER A. PRINE HOUSTON, TEXAS Clerk

JOEL D. MALLORY, JR., Appellant v. WEST BELLFORT PROPERTY OWNERS ASSOCIATION Appellee

MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF

TO THE HONORABLE COURT OF APPEALS:

Comes now, Appellee West Bellfort Property Owners Association

(“WBPOA”), files this Motion for Extension of Time to File Appellee’s Brief

pursuant to Texas Rule of Appellate Procedure 10.5(b) and in support thereof

would show the following:

1. WBPOA’s deadline for filing its appellate brief was Wednesday, May

27, 2015.

05267.207 / 1753033.1 2. WBPOA seeks a 30 day extension of time in which to file its

responsive brief, such that the brief would be due on Friday, June 26, 2015. This is

WBPOA’s first request for an extension of time in which to file its brief.

3. Filed contemporaneously with this motion is Appellee’s Motion to

Dismiss for Want of Jurisdiction which Appellee contends is dispositive of this

appeal. This Court ordered Mallory to provide a response to its March 17, 2015

correspondence regarding Mallory’s untimely filing of the Notice of Appeal.

Mallory failed to provide any response to this Court’s inquiry by the Court’s

deadline of March 31, 2015. As such, it was unclear to Appellee whether the

appeal was to proceed as a result of the jurisdictional issue.

4. WBPOA requests that the Court grant it a thirty (30) day extension of

time to file its responsive brief in order to provide the Court time to address the

jurisdictional issue prior to Appellee expending the attorney’s fees and costs

associated with filing and preparing an appellate brief.

5. This request for an extension of time is not sought to cause delay or

prejudice, but only so that justice may be done.

WHEREFORE, Appellee respectfully requests that this Court grant its

Motion for Extension of Time to File Appellee’s Brief and allow it an additional

thirty (30) days in which to file its brief, and for such other and further relief to

which it may be justly entitled.

2 05267.207 / 1753033.1 Respectfully submitted,

LECLAIRRYAN

/s/ Leslee N. Haas By:_________________________________ JAMES J. McCONN, JR. State Bar No. 13439700 LESLEE N. HAAS State Bar No. 24041031 1233 West Loop South, Suite 1000 Houston, Texas 77027 Direct Line: 713-752-8304 (McConn) Direct Line: 713-752-8394 (Haas) Facsimile : 713-650-0027 E-Mail: james.mcconn@leclairryan.com E-Mail: leslee.haas@leclairryan.com

ATTORNEYS FOR APPELLEE, WEST BELLFORT PROPERTY OWNERS ASSOCIATION

3 05267.207 / 1753033.1 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing instrument has been served upon all known Counsel Record on this the 2nd day of June 2015.

Joel D. Mallory, Jr. Via E-Serve & E-Mail & Facsimile P. O. Box 301035 Houston Texas 77230 Appellant Pro Se

Brandi J. Croffie Via E-Serve & E-Mail Hoover Slovacek, LLP 5847 San Felipe, Suite 2200 Houston Texas 77057 Counsel for Appellee West Bellfort Property Owners Association

/s/ Leslee N. Haas ____________________________________ LESLEE N. HAAS

CERTIFICATE OF CONFERENCE

As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I made a reasonable attempt to confer with Appellant Joel Mallory by telephone on June 2, 2015. As of the time of filing this motion, no response was received. As such, it is assumed that Appellant is opposed to this motion.

/s/ Leslee N. Haas

LESLEE N. HAAS

4 05267.207 / 1753033.1