Nemer Massaad v. Wells Fargo Bank National Association as Trustee for Option One Mortgage Loan Trust 2006-3, Asset Backed Certificates, Series 2006-3

Opinion

ACCEPTED

03-14-00202-CV

4090394

THIRD COURT OF APPEALS

AUSTIN, TEXAS

2/10/2015 1:04:53 PM

JEFFREY D. KYLE

CLERK

NO. 03-14-00202-CV

FILED IN

IN THE COURT OF APPEALS 3rd COURT OF APPEALS AUSTIN, TEXAS

THE THIRD DISTRICT OF TEXAS 2/10/2015 1:04:53 PM JEFFREY D. KYLE

AUSTIN, TEXAS Clerk

NEMER MASSAAD, and all other OCCUPANTS Appellant

V.

WELLS FARGO BANK NATIONAL ASSOCIATION AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2006-3, ASSET BACKED CERTIFICATES, SERIES 2006-3 Appellee.

Appeal from the County Court at Law Number One Travis County, Texas

Trial Court Case No. C-1-CV-14-000401 Hon. Joe Carroll, presiding

APPELLANT’S AMENDED MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR REHEARING

TO THE HONORABLE COURT OF APPEALS:

COMES NOW APPELLANT, NEMER MASSAD, who files this Motion for

Extension of Time to File his Motion for Rehearing and respectfully shows the

following:

1. On January 30, 2015, the Court issued its Memorandum Opinion and

Judgment.

Appellant’s Amended Motion for Extension of Time to File Motion for Rehearing Page 1 2. Pursuant to Rule 49.1 of the Texas Rules of Appellate Procedure, Appellant

must file his Motion for Rehearing within fifteen (15) days after the date on

which the Court renders its judgment. Accordingly, Appellant’s Motion for

Rehearing is due February 16, 2015.

3. Appellant advises the Court that due to interested parties who wish to file an

Amicae Brief in this Cause, Appellant will require additional time to file his

Motion for Rehearing.

4. Appellant requests a 30-day extension of time on which to file his Motion

for Rehearing such that the deadline for filing same would be moved to and

including March 18 2016.

WHEREFORE, PREMISES CONSIDERED, Appellant prays this Court grant his

Motion for Extension of Time to File his Motion for Rehearing and extend his

deadline to file same to March 18, 2015.

Respectfully submitted,

By: /s/ James Minerve

____________________________

James Minerve State Bar No. 24008692 115 Saddle Blanket Trail Buda, Texas 78610 (210) 336-5867 (888) 230-6397 (Fax) Attorney for Appellant, Nemer Maasaad

Appellant’s Amended Motion for Extension of Time to File Motion for Rehearing Page 2

CERTIFICATE OF CONFERENCE

On February 9, 2015, the undersigned counsel for Appellant communicated with counsel for Appellee, Mark Cronenwett, concerning the foregoing Motion and Mr. Cronenwett stated that he is opposed to this Motion.

/s/ James Minerve

______________________________

James Minerve

CERTIFICATE OF SERVICE

I hereby certify that on this 10th day of February a true and correct copy of the above and foregoing document was sent via Efile.txcourts.gov electronic filing notification system and via facsimile transmittal to the parties of record listed below:

Israel Saucedo Mark D. Cronwett Mackie Wolf Zientz & Mann, PC 14160 North Dallas Parkway Parkway Office Center, Suite 900 Dallas, Texas 75254 FAX: 888-230-6397

/s/ James Minerve

______________________________

James Minerve

Appellant’s Amended Motion for Extension of Time to File Motion for Rehearing Page 3