Mohammed A. Jafar, Mohammed M. Chowdhury and Abdus Sobhan v. Seraj Mohammed

• Court: Court of Appeals of Texas
• Decided: May 20, 2015
• Docket: 14-14-00512-CV
• Status: Published

Opinion

ACCEPTED 14-14-00512-cv FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 5/20/2015 1:15:36 PM CHRISTOPHER PRINE CLERK

NO. 14-14-00512-CV FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 5/20/2015 1:15:36 PM IN THE FOURTEENTH COURT OF APPEALS CHRISTOPHER A. PRINE FOR THE STATE OF TEXAS Clerk

MOHAMMED A. JAFAR, MOHAMMED M. CHOWDHURY AND ABDUS SOBHAN, Appellants

v.

SERAJ MOHAMMED, Appellee

On Appeal from the 269th District Court, Harris County, Texas Trial Court Cause No. 2012-10417

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

David L. Hutchins Texas Bar No. 24065470 1900 Pearl Street Austin, Texas 78705 Tel: (512) 474-7300 Fax: (512) 474-8557 Email: dhutchins@howrybreen.com Attorney for Appellee Seraj Mohammed

1 TO THE HONORABLE COURT OF APPEALS:

Pursuant to Tex. R. App. P. 10.1 and 38.6(d), Appellee, Seraj Mohammed,

files this Second Unopposed Motion For Extension of Time to file Appellee’s

Brief.

In support of this motion, Appellee would show the Court as follows:

1. Appellants filed their brief on March 18, 2015.

2. Appellee’s brief is due on May 20, 2015.

3. In this appeal, Appellants raise a point-of-error regarding whether the

trial court abused its discretion in denying their motion to exclude the testimony of

Appellee’s business appraiser, Jeffrey D. Jones. Prior to the submission of his

brief, Appellee, through counsel, discovered that Appellee’s response to

Appellants’ motion to exclude the testimony of Jones was not included as part of

the clerk’s record (or supplemental records) by the Harris County District Clerk.

4. Apellee’s response to Appellants’ motion to exclude Jones’ testimony

is critical for this court’s consideration and disposition of one or more issues raised

by Appellants on appeal.

5. By this motion, Appellee seeks a thirty-day extension of the deadline

to file his response brief to allow sufficient time for the Harris County District

Clerk to prepare the supplemental clerk’s record and forward to the Fourteenth

Court of Appeals.

2 6. Appellee has previously requested one extension of time to file his

brief, and no further requests for extension are anticipated in the future.

7. All stated facts herein are known ex officio or are within the personal

knowledge of Appellee and/or his counsel. Tex. R. App. P. 10.2.

8. This motion is not sought for the purpose of delay but so that justice

may be done.

PRAYER FOR RELIEF

For the reasons set forth herein, Appellee prays that this Court grant this

motion for extension of time for Appellee to file his brier and enter an Order that

Appellee’s brief is due on or before June 19, 2015.

Respectfully submitted,

/s/ David L. Hutchins David L. Hutchins Texas Bar No. 24065470 1900 Pearl Street Austin, Texas 78705 Tel: (512) 474-7300 Fax: (512) 474-8557 Email: dhutchins@howrybreen.com Attorney for Appellee Seraj Mohammed

3 CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing instrument was

served upon Alphonsus Ezeoke via Texas e-filing on May 20, 2015.

/s/ David L. Hutchins David L. Hutchins

CERTIFICATE OF CONFERENCE

I hereby certify that on May 20, 2015, the undersigned conferred with

counsel for Appellants, Alphonsus E. Ezeoke via email. Mr. Ezeoke responded via

email that his is not opposed to the relief requested herein.