Larry Greb v. Bret Madole and Carrington, Coleman, Sloman & Blumenthal, LLP

• Court: Court of Appeals of Texas
• Decided: June 4, 2018
• Docket: 05-18-00467-CV
• Status: Published

Opinion

ACCEPTED 05-18-00467-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 6/4/2018 3:02 PM LISA MATZ CLERK

NO. 05-18-00467-CV

FILED IN 5th COURT OF APPEALS IN THE COURT OF APPEALS DALLAS, TEXAS FIFTH APPELLATE DISTRICT OF TEXAS 6/4/2018 3:02:54 PM AT DALLAS LISA MATZ Clerk

LARRY GREB

Appellant

v.

BRET MADOLE AND CARRINGTON, COLEMAN, SLOMAN & BLUMENTHAL, LLP

Appellees

TRIAL COURT CASE NUMBER DC-16-12734

MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF

MICHAEL D. MOSHER State Bar No. 14580100 ROLAND A. MOSHER STATE BAR NO. 24098147 THE MOSHER JUSTICE CENTER 50 NORTH MAIN PARIS, TEXAS 75460 (903) 785-4721 TELEPHONE (903) 785-5319 FAX

ORAL ARGUMENT REQUESTED Pursuant to Appellate Rule 10.5(b), the Appellant, Larry Greb, files this

request for a 21-day extension of time to file Appellant’s Brief as follows.

The Appellant’s Brief is currently due on June 7, 2018. Appellant requests a

21-day extension to file her brief, which would make the new due date June 28,

201787. This is the first extension requested by Appellant for filing this brief.

Appellant requests this additional time to file his brief because counsel has been

unable to adequately prepare his brief for the following reasons:

First, the Clerk’s Records was filed on May 8, 2018 but Michael D. Mosher

did not receive the notification sent to him by the Clerk of the Fifth Court of

Appeals that the record had been filed due to some electronic communication

issue. Mr. Mosher was not aware that the Clerk’s Record had been filed until he

contacted the Clerk’s Office on May 22, 2018. The notice did go to counsel’s

Houston office email, but the Houston office was unaware that the notice to

Michael Mosher simply did not go through. At the time the office learned of the

filing of the record, and therefore the due date of the brief, Mr. Mosher was in New

York on another case, styled Julie Hecht vs. Dr. Harold Been pending in Index No.

22081/2012E in the Supreme Court of the State of New York, County of Bronx.

For these reasons Mr. Mosher has not had adequate time to properly prepare

this brief. This request is not made for purpose of delay, but to permit Appellant

sufficient time to prepare his brief. PRAYER

The Appellant respectfully requests that the Court grant a 21-day extension

of time to file his brief, extending the date to file the brief from June 7, 2018 until

June 28, 2018.

Respectfully submitted,

THE MOSHER JUSTICE CENTER

/s/ Michael D. Mosher MICHAEL D. MOSHER STATE BAR NO. 14580100 ROLAND A. MOSHER STATE BAR NO. 24098147 THE MOSHER JUSTICE CENTER 50 NORTH MAIN PARIS, TEXAS 75460 (903) 785-4721 TELEPHONE (903) 785-5319 FAX mdm@mosherjusticectr.com ram@mosherjusticectr.com

DATE: June 4, 2018.

CERTIFICATE OF CONFERENCE

I have contacted David N. Kitner, Attorney for Appellant, regarding the

relief sought by this motion and he has no objection to the motion.

/s/ Michael D. Mosher Michael D. Mosher CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing instrument was served upon all attorneys of record in accordance with the Texas Rules of Civil Procedure, on June 4, 2018.

/s/ Michael D. Mosher Michael D Mosher