Matthew D. Stern v. Bella Custom Homes, Inc. and Tony Visconti

• Court: Court of Appeals of Texas
• Decided: June 1, 2018
• Docket: 05-17-01114-CV
• Status: Published

Opinion

ACCEPTED 05-17-01114-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 6/1/2018 4:50 PM LISA MATZ CLERK

No. 05-17-01114-CV ____________________________ FILED IN 5th COURT OF APPEALS IN THE COURT OF APPEALS DALLAS, TEXAS 06/01/2018 4:50:44 PM FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS LISA MATZ Clerk

MATTHEW D. STERN Appellant V. BELLA CUSTOM HOMES, INC. Appellee

On Appeal from Dallas County Court at Law Number 2 T. King Fifer, Judge Presiding

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF

Appellee Bella Custom Homes, Inc. (“Bella”) moves for an unopposed

extension of time to file its brief in this proceeding and states the following in

support:

1. Bella’s brief is due to be filed on May 31, 2018. Bella respectfully requests a

thirty-day extension of time, until June 30, 2018, to file its brief. Bella has not

previously requested an extension of time to file its brief. This extension is not

sought merely for delay, but in the interest of justice.

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF Page | 1 2. Bella’s appellate counsel has been involved in attending five multi-party

mediations, a deposition, and a site inspection, most of which involved travel,

during the 30 days since Appellant’s brief was filed, leaving insufficient time for

Appellee’s counsel to complete its brief by the current deadline. All of the

referenced activities were scheduled prior to the filing of Appellant’s brief.

3. Bella prays that the Court enter an order granting its Unopposed Motion for

Extension of Time to File Appellee’s Brief and ruling that Bella’s brief be filed

by June 30, 2018.

Respectfully submitted,

/s/ Dan P. McManus Dan P. McManus State Bar No. 13782650 Tribble | Ross 6371 Richmond Avenue Houston, Texas 77057 Tel.: 713.622.0444 Fax: 713.622.0555 dmcmanus@tribblelawfirm.com

CERTIFICATE OF CONFERENCE On June 1, 2018, I communicated with Chad M. Ruback, counsel for Appellant, Matthew D. Stern, who confirmed he is unopposed to this motion. /s/ Dan P. McManus Dan P. McManus

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF Page | 2 CERTIFICATE OF SERVICE On June 1, 2018, I served a copy of this document via the e-filing portal to following counsel for Appellant, Matthew D. Stern: Chad M. Ruback The Ruback Law Firm 8117 Preston Road, Suite 300 Dallas, Texas 75225 chad@appeal.pro

/s/ Dan P. McManus Dan P. McManus

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF Page | 3