Michael W. Schuetz and Jamie K. Schuetz v. Source One Mortgage Services Corporation Mortgage Electronic Registration Systems, Inc. Citimortgage, Inc. Barrett Daffin Frappier Turner & Engle Robert Ferguson, and Barbara Ferguson

Court of Appeals of Texas·Decided December 16, 2015·No. 03-15-00522-CV·Published

Opinion

ACCEPTED 03-15-00522-CV 8260871 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/16/2015 11:20:25 AM JEFFREY D. KYLE CLERK NO. 03-15-00522-CV

FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS IN THE THIRD COURT OF APPEALS 12/16/2015 11:20:25 AM AUSTIN, TEXAS JEFFREY D. KYLE Clerk

MICHAEL SCHUETZ AND JAMIE K. SCHUETZ.

Appellants,

V.

SOURCE ONE MORTGAGE SERVICES CORPORATION; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; CITIMORTGAGE, INC.; AND BARRETT DAFFIN FRAPPIER TURNER & ENGEL, LLP; ROBERT FERGUSON, AND BARBARA FERGUSON

Appellees.

On Appeal from Cause No. C2013-1445C th 274 Judicial District Court, Comal County, Texas Honorable Dib Waldrip, Judge Presiding

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

TO THE HONORABLE THIRD COURT OF APPEALS:

Pursuant to Texas Rule of Appellate Procedure 38.6(d), Appellee, Barrett

Daffin Frappier Turner & Engel, LLP (“Barrett Daffin”) respectfully requests the Court to extend time to file its brief by thirty (30) days to February 3, 2016. In

support thereof, Appellee Barrett Daffin shows as follows:

A. Introduction

1. The Clerk’s Record on Appeal was filed herein on September 4, 2015.

Appellants Michael Schuetz and Jamie Schuetz filed their brief on December 2,

2015.

2. Appellees CitiMortgage, Inc., individually and as successor by merger

to Source One Mortgage Services Corporation, and Mortgage Electronic

Registration Systems, Inc. obtained an extension of time to file their brief, making

their brief deadline on February 3, 2016.

3. Appellee Barrett Daffin’s brief is due on January 4, 2016

4. Appellee Barrett Daffin requests an extension of time to file

Appellee’s brief for thirty (30) days until February 3, 2016.

B. Facts and Basis for Relief

5. The Court has the authority under Texas Rule of Appellate Procedure

38.6(d) to extend the time to file Appellee’s Brief and no rule provides a deadline

to file this motion to extend. See TEX. R. APP. P. 38.6(d).

6. No previous extensions have been granted to extend the time to file

Appellee’s Brief.

2 7. Counsel for Appellee Barrett Daffin, Mark D. Hopkins has multiple

appellate court deadlines during late December and early January. These include

the following:

a. December 28, 2015: Case No. 15-20201; Deutsche Bank National

Trust Company, As Trustee v. Joanna and John Burke; In the

United States Court of Appeals for the Fifth Circuit – Reply Brief

due.

b. January 11, 2015: Case No. 15-50881; Jillian Johnson v. World

Alliance Financial Corp., et al.; In the United States Court of

Appeals for the Fifth Circuit – Appellees’ Brief due.

8. Further, Counsel will be out of the office for a short period of time

over the holidays. Therefore, Counsel requests a short extension in order to

adequately devote the time necessary to all matters.

9. Counsel for Appellant and all counsel for Co-Appellees have

indicated that they are unopposed to this motion

C. Conclusion

10. Appellee Barrett Daffin, therefore, requests that its deadline to file

brief be extended until April 29, 2014, to give Appellee Barrett Daffin additional

time to adequately prepare its response.

3 D. Prayer

WHEREFORE, Appellee Barrett Daffin respectfully requests the Court to grant

an extension of time of thirty (30) days to February 3, 2016.

Respectfully submitted,

By: _/s/ Mark D. Hopkins______ Mark D. Hopkins State Bar No. 00793975 Shelley L. Hopkins State Bar No. 24036497 Hopkins Law, PLLC 12117 Bee Caves Road, Suite 260 Austin, Texas 78738 (512) 600-4320 – Telephone (512) 600-4326 – Facsimile mark@hopkinslawtexas.com shelley@hopkinslawtexas.com

ATTORNEYS FOR APPELLEE

CERTIFICATE OF CONFERENCE

On December 15, 2015, I certify that I was to confer with counsel for

Appellant and counsel for Appellees, all of whom indicated they were unopposed

to this request for an extension.

_/s/ Mark D. Hopkins___________ Mark D. Hopkins

4 CERTIFICATE OF SERVICE

I hereby certify that on December 16, 2015, the foregoing Motion to Extend Time to File Appellee’s Brief has been forwarded to the following via electronic filing:

Stephen Casey info@caseylawoffice.us CASEY LAW OFFICE, P.C. 595 Round Rock West Drive, Suite 102 Round Rock, Texas 78681 Counsel for Appellants

David Pfeuffer dpfeuffer@nblawyers.net BRAZLE & PFEUFFER, L.L.P. 170 E. San Antonio Street New Braunfels, TX 78130 Counsel for Appellees (Fergusons)

B. David L. Foster dfoster@lockelord.com Susan A. Kidwell skidwell@lockelord.com Daniel Durell Daniel.durell@lockelord.com LOCKE LORD LLP 600 Congress Avenue, Ste 2200 Austin, TX 78701 Counsel for Appellees (CitiMortgage & MERS)

/s/ Mark D. Hopkins Mark D. Hopkins

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ACCEPTED 03-15-00522-CV 8260871 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/16/2015 11:20:25 AM JEFFREY D. KYLE CLERK NO. 03-15-00522-CV

FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS IN THE THIRD COURT OF APPEALS 12/16/2015 11:20:25 AM AUSTIN, TEXAS JEFFREY D. KYLE Clerk

MICHAEL SCHUETZ AND JAMIE K. SCHUETZ.

Appellants,

V.

SOURCE ONE MORTGAGE SERVICES CORPORATION; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; CITIMORTGAGE, INC.; AND BARRETT DAFFIN FRAPPIER TURNER & ENGEL, LLP; ROBERT FERGUSON, AND BARBARA FERGUSON

Appellees.

On Appeal from Cause No. C2013-1445C th 274 Judicial District Court, Comal County, Texas Honorable Dib Waldrip, Judge Presiding

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

TO THE HONORABLE THIRD COURT OF APPEALS:

Pursuant to Texas Rule of Appellate Procedure 38.6(d), Appellee, Barrett

Daffin Frappier Turner & Engel, LLP (“Barrett Daffin”) respectfully requests the Court to extend time to file its brief by thirty (30) days to February 3, 2016. In

support thereof, Appellee Barrett Daffin shows as follows:

A. Introduction

1. The Clerk’s Record on Appeal was filed herein on September 4, 2015.

Appellants Michael Schuetz and Jamie Schuetz filed their brief on December 2,

2015.

2. Appellees CitiMortgage, Inc., individually and as successor by merger

to Source One Mortgage Services Corporation, and Mortgage Electronic

Registration Systems, Inc. obtained an extension of time to file their brief, making

their brief deadline on February 3, 2016.

3. Appellee Barrett Daffin’s brief is due on January 4, 2016

4. Appellee Barrett Daffin requests an extension of time to file

Appellee’s brief for thirty (30) days until February 3, 2016.

B. Facts and Basis for Relief

5. The Court has the authority under Texas Rule of Appellate Procedure

38.6(d) to extend the time to file Appellee’s Brief and no rule provides a deadline

to file this motion to extend. See TEX. R. APP. P. 38.6(d).

6. No previous extensions have been granted to extend the time to file

Appellee’s Brief.

2 7. Counsel for Appellee Barrett Daffin, Mark D. Hopkins has multiple

appellate court deadlines during late December and early January. These include

the following:

a. December 28, 2015: Case No. 15-20201; Deutsche Bank National

Trust Company, As Trustee v. Joanna and John Burke; In the

United States Court of Appeals for the Fifth Circuit – Reply Brief

due.

b. January 11, 2015: Case No. 15-50881; Jillian Johnson v. World

Alliance Financial Corp., et al.; In the United States Court of

Appeals for the Fifth Circuit – Appellees’ Brief due.

8. Further, Counsel will be out of the office for a short period of time

over the holidays. Therefore, Counsel requests a short extension in order to

adequately devote the time necessary to all matters.

9. Counsel for Appellant and all counsel for Co-Appellees have

indicated that they are unopposed to this motion

C. Conclusion

10. Appellee Barrett Daffin, therefore, requests that its deadline to file

brief be extended until April 29, 2014, to give Appellee Barrett Daffin additional

time to adequately prepare its response.

3 D. Prayer

WHEREFORE, Appellee Barrett Daffin respectfully requests the Court to grant

an extension of time of thirty (30) days to February 3, 2016.

Respectfully submitted,

ATTORNEYS FOR APPELLEE

CERTIFICATE OF CONFERENCE

On December 15, 2015, I certify that I was to confer with counsel for

Appellant and counsel for Appellees, all of whom indicated they were unopposed

to this request for an extension.

_/s/ Mark D. Hopkins___________ Mark D. Hopkins

4 CERTIFICATE OF SERVICE

I hereby certify that on December 16, 2015, the foregoing Motion to Extend Time to File Appellee’s Brief has been forwarded to the following via electronic filing:

Stephen Casey info@caseylawoffice.us CASEY LAW OFFICE, P.C. 595 Round Rock West Drive, Suite 102 Round Rock, Texas 78681 Counsel for Appellants

David Pfeuffer dpfeuffer@nblawyers.net BRAZLE & PFEUFFER, L.L.P. 170 E. San Antonio Street New Braunfels, TX 78130 Counsel for Appellees (Fergusons)

/s/ Mark D. Hopkins Mark D. Hopkins

Pincite

Michael W. Schuetz and Jamie K. Schuetz v. Source One Mortgage Services Corporation Mortgage Electronic Registration Systems, Inc. Citimortgage, Inc. Barrett Daffin Frappier Turner & Engle Robert Ferguson, and Barbara Ferguson (Michael W. Schuetz and Jamie K. Schuetz v. Source One Mortgage Services Corporation Mortgage Electronic Registration Systems, Inc. Citimortgage, Inc. Barrett Daffin Frappier Turner & Engle Robert Ferguson, and Barbara Ferguson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.