Metropolitan Insurance and Annuity Company and Metropolitan Life Insurance Company v. Peachtree Settlement Funding, LLC

Court of Appeals of Texas·Decided June 26, 2015·No. 01-15-00147-CV·Published

Opinion

ACCEPTED 01-15-00147-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 6/26/2015 11:13:48 AM CHRISTOPHER PRINE CLERK

No. 01-15-00147-CV

FILED IN IN THE COURT OF APPEALS 1st COURT OF APPEALS HOUSTON, TEXAS FIRST DISTRICT OF TEXAS AT HOUSTON 6/26/2015 11:13:48 AM CHRISTOPHER A. PRINE Clerk In re S. Swain, Annuitant

Metropolitan Life Insurance Company and Metropolitan Insurance & Annuity Company,

Appellants,

Peachtree Settlement Funding, LLC,

Appellees.

Appeal from Cause No. 2014-74548

1

In the 234 h Judicial District Court, Harris County, Texas

UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF OF APPELLANTS METROPOLITAN LIFE INSURANCE COMPANY AND METROPOLITAN INSURANCE & ANNUITY COMPANY

TO THE HONORABLE COURT OF APPEALS:

Appellants Metropolitan Life Insurance Company and Metropolitan Insurance & Annuity

Company ("Appellants") file this Motion to Extend Time to File Brief of Appellants in the

above-referenced appeal as follows:

1. Based on a review of the case website of the First Court of Appeals, 1 Appellants

believe that the current due date to file their brief is Monday, July 20, 2015.

1 http://www.search.txcourts.gov/Case.aspx?cn=O1- 15-001 47-CV &coa=coaO I (Last Visited - June 25, 2015)

2. Appellants respectfully request a sixty (60) day extension, until Monday, September

21, 2015, to file Appellants' brief in this case.

3. The requested extension is not sought for purposes of delay, but so that

Appellants can be afforded an adequate amount of time to prepare their position for the Court.

4. This is the second request for extension of time Appellant has sought in this matter

and, as indicated in the Certificate of Conference below, Appellee Peachtree Settlement Funding,

LLC does not oppose this extension request.

WHEREFORE, PREMISES CONSIDERED, Appellants Metropolitan Life Insurance

Company and Metropolitan Insurance & Annuity Company respectfully request an extension of

time until Monday, September 21 , 2015 to file their Brief of Appellants in this case and for such

other and further relief to which Appellants may be justly entitled.

Respectfully submitted,

By: /s/ Patrick. B. Larkin

Patrick B. Larkin State Bar No. 24013004 The Larkin Law Firm, P.C. 11200 Broadway, Suite 2705 Pearland, Texas 77584 (281) 412-7500 Telephone (281) 412-7502 Fax Email: plarkin@larkin-law.com Attorneys for Appellants Metropolitan Life Insurance Company and Metropolitan Tower Life Insurance Company

CERTIFICATE OF CONFERENCE

I certify that I made contact with Earl S. Nesbitt, Esq., counsel for Appellee Peachtree Settlement Funding, LLC, and he indicated that his client does not oppose the relief sought in this motion.

Isl Patrick. B. Larkin Patrick B. Larkin

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing was served upon the following counsel or parties of record on this the 26th day of June, 2015.

Via Certified Mail and E-Mail

Earl Nesbitt, Esq. Nesbitt, Vassar & McCown, L.L.P. 15851 Dallas Parkway Suite 800 Addison, TX 75001 enesbitt@nvm.com

Stephen Harris, Esq. Drinker Biddle & Reath LLP One Logan Square Philadelphia, PA 19103 Stephen. Harris@dbr.com

Via Certified Mail Sara Swain 3303 Quarry Place Lane Katy, TX 77493

Isl Patrick. B. Larkin Patrick B. Larkin

I L ~AW~IR~C. I N I Pearland Town Center Offices East 11200 Broadway, Suite 2705 Houston Oftice One R1verwav Or., Suite 1700 Pearland, TX 77584 Houston. TX 77056 Patrick 8 . Larki n T (281) 412-7500 T 12811 412 -7500 plarkin@lark in-law com IBy appo i ntment on ly)

F (281) 412-7502

June 26, 2015

VIA ELECTRONIC FILING Christopher A. Prine Clerk of the I st Court of Appeals 301 Fannin Street Houston, Texas 77002

Re: Cause No. 01-15-00147-CV; Metropolitan Insurance and Annuity Company and Metropolitan Life Insurance Company v. Peachtree Settlement Funding, LLC; In the Texas Court of Appeals, First District.

Dear Mr. Prine,

Enclosed please find the following document for filing regarding the above-referenced matter:

I . Unopposed Motion to Extend Time to File Brief of Appellants Metropolitan Life Insurance Company and Metropolitan Insurance & Annuity Company.

We would appreciate your office filing same and acknowledging receipt to us in your usual manner by returning the file-stamped pleading to our office.

If you have any questions, please contact me at 281-412-7500. Thank you for your cooperation in this matter.

Very truly yours, THE LARKIN LAW FIRM, P.C.

ISi PATRICK B. LARKIN

Patrick B. Larkin

PB Liao Enc.

www.Larkin-Law.com

June 26, 2015 Page 2

cc: Via Electronic Service & CMIRRR: #7014 0510 000173467017 Earl Nesbitt Nesbitt, Vassar & McCown, L.L.P. 15851 Dallas Parkway Suite 800 Addison, TX 75001 enesbitt@nvm.com

Via E-Mail & CMIRRR: #7014 0510 0001 7346 7031 Stephen Harris Drinker Biddle & Reath LLP One Logan Square Philadelphia, PA 19103 Stephen.Harris@dbr.com

Via CMIRRR: #7014 0510 0001 7346 7031 Sara Swain 3303 Quarry Place Lane Katy, TX 77493

www.Larkin-Law.com 11200 Broadway St., Suite 2705 I Pearland, Texas 77584 I Phone: 281.412.7500 I Fax: 281.412.7502

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ACCEPTED 01-15-00147-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 6/26/2015 11:13:48 AM CHRISTOPHER PRINE CLERK

No. 01-15-00147-CV

FILED IN IN THE COURT OF APPEALS 1st COURT OF APPEALS HOUSTON, TEXAS FIRST DISTRICT OF TEXAS AT HOUSTON 6/26/2015 11:13:48 AM CHRISTOPHER A. PRINE Clerk In re S. Swain, Annuitant

Metropolitan Life Insurance Company and Metropolitan Insurance & Annuity Company,

Appellants,

Peachtree Settlement Funding, LLC,

Appellees.

Appeal from Cause No. 2014-74548

1

In the 234 h Judicial District Court, Harris County, Texas

UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF OF APPELLANTS METROPOLITAN LIFE INSURANCE COMPANY AND METROPOLITAN INSURANCE & ANNUITY COMPANY

TO THE HONORABLE COURT OF APPEALS:

Appellants Metropolitan Life Insurance Company and Metropolitan Insurance & Annuity

Company ("Appellants") file this Motion to Extend Time to File Brief of Appellants in the

above-referenced appeal as follows:

1. Based on a review of the case website of the First Court of Appeals, 1 Appellants

believe that the current due date to file their brief is Monday, July 20, 2015.

1 http://www.search.txcourts.gov/Case.aspx?cn=O1- 15-001 47-CV &coa=coaO I (Last Visited - June 25, 2015)

2. Appellants respectfully request a sixty (60) day extension, until Monday, September

21, 2015, to file Appellants' brief in this case.

3. The requested extension is not sought for purposes of delay, but so that

Appellants can be afforded an adequate amount of time to prepare their position for the Court.

4. This is the second request for extension of time Appellant has sought in this matter

and, as indicated in the Certificate of Conference below, Appellee Peachtree Settlement Funding,

LLC does not oppose this extension request.

WHEREFORE, PREMISES CONSIDERED, Appellants Metropolitan Life Insurance

Company and Metropolitan Insurance & Annuity Company respectfully request an extension of

time until Monday, September 21 , 2015 to file their Brief of Appellants in this case and for such

other and further relief to which Appellants may be justly entitled.

Respectfully submitted,

By: /s/ Patrick. B. Larkin

Patrick B. Larkin State Bar No. 24013004 The Larkin Law Firm, P.C. 11200 Broadway, Suite 2705 Pearland, Texas 77584 (281) 412-7500 Telephone (281) 412-7502 Fax Email: plarkin@larkin-law.com Attorneys for Appellants Metropolitan Life Insurance Company and Metropolitan Tower Life Insurance Company

CERTIFICATE OF CONFERENCE

I certify that I made contact with Earl S. Nesbitt, Esq., counsel for Appellee Peachtree Settlement Funding, LLC, and he indicated that his client does not oppose the relief sought in this motion.

Isl Patrick. B. Larkin Patrick B. Larkin

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing was served upon the following counsel or parties of record on this the 26th day of June, 2015.

Via Certified Mail and E-Mail

Earl Nesbitt, Esq. Nesbitt, Vassar & McCown, L.L.P. 15851 Dallas Parkway Suite 800 Addison, TX 75001 enesbitt@nvm.com

Stephen Harris, Esq. Drinker Biddle & Reath LLP One Logan Square Philadelphia, PA 19103 Stephen. Harris@dbr.com

Via Certified Mail Sara Swain 3303 Quarry Place Lane Katy, TX 77493

Isl Patrick. B. Larkin Patrick B. Larkin

F (281) 412-7502

June 26, 2015

VIA ELECTRONIC FILING Christopher A. Prine Clerk of the I st Court of Appeals 301 Fannin Street Houston, Texas 77002

Re: Cause No. 01-15-00147-CV; Metropolitan Insurance and Annuity Company and Metropolitan Life Insurance Company v. Peachtree Settlement Funding, LLC; In the Texas Court of Appeals, First District.

Dear Mr. Prine,

Enclosed please find the following document for filing regarding the above-referenced matter:

I . Unopposed Motion to Extend Time to File Brief of Appellants Metropolitan Life Insurance Company and Metropolitan Insurance & Annuity Company.

We would appreciate your office filing same and acknowledging receipt to us in your usual manner by returning the file-stamped pleading to our office.

If you have any questions, please contact me at 281-412-7500. Thank you for your cooperation in this matter.

Very truly yours, THE LARKIN LAW FIRM, P.C.

ISi PATRICK B. LARKIN

Patrick B. Larkin

PB Liao Enc.

www.Larkin-Law.com

June 26, 2015 Page 2

cc: Via Electronic Service & CMIRRR: #7014 0510 000173467017 Earl Nesbitt Nesbitt, Vassar & McCown, L.L.P. 15851 Dallas Parkway Suite 800 Addison, TX 75001 enesbitt@nvm.com

Via E-Mail & CMIRRR: #7014 0510 0001 7346 7031 Stephen Harris Drinker Biddle & Reath LLP One Logan Square Philadelphia, PA 19103 Stephen.Harris@dbr.com

Via CMIRRR: #7014 0510 0001 7346 7031 Sara Swain 3303 Quarry Place Lane Katy, TX 77493

www.Larkin-Law.com 11200 Broadway St., Suite 2705 I Pearland, Texas 77584 I Phone: 281.412.7500 I Fax: 281.412.7502

Metropolitan Insurance and Annuity Company and Metropolitan Life Insurance Company v. Peachtree Settlement Funding, LLC, (Tex. Ct. App. 2015).

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