Joel Mallory Junior v. West Bellfort Property Owners Association

Opinion

ACCEPTED 01-14-00936-cv FIRST COURT OF APPEALS HOUSTON, TEXAS 6/23/2015 2:30:59 PM CHRISTOPHER PRINE CLERK

No. 01-14-00936-CV

FILED IN 1st COURT OF APPEALS IN THE COURT OF APPEALS HOUSTON, TEXAS 6/23/2015 2:30:59 PM 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 is Friday, June 26,

2015.

05267.207 / 1759004.1 2. WBPOA seeks a 30 day extension of time in which to file its

responsive brief, such that the brief would be due on Monday, July 27, 2015. This

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

3. On June 2, 2015, Appellee filed its Motion to Dismiss for Want of

Jurisdiction which Appellee contends is dispositive of this appeal. The Court

raised the jurisdictional issue initially on March 17, 2015. This Court ordered

Mallory to provide a response to its March 17, 2015 correspondence regarding

Mallory’s untimely filing of the Notice of Appeal by March 31, 2015. Mallory

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

4. In the case at hand, the deadline for Mallory to file his notice of

appeal was November 4, 2014. Including an additional fifteen (15) days under

Rule 26.3, the notice of appeal must have been filed by no later than November 19,

2014. Mallory did not file his Notice of Appeal until November 20, 2014. As

such, the Notice of Appeal is untimely and the appeal should be dismissed for want

of jurisdiction pursuant to Rules 25.1 and 42.3(a) of the Texas Rules of Appellate

Procedure.

5. WBPOA requests that the Court grant it an additional 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.

2 05267.207 / 1759004.1 6. 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.

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 / 1759004.1 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 23rd 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 23, 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 / 1759004.1