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

4568301

THIRD COURT OF APPEALS

AUSTIN, TEXAS

3/19/2015 3:28:12 PM

JEFFREY D. KYLE

CLERK

NO. 03-14-00202-CV

FILED IN

3rd COURT OF APPEALS

IN THE COURT OF APPEALS AUSTIN, TEXAS THE 1HIRD DIS1RICT OF TEXAS 3/19/2015 3:28:12 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 SECOND 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 Second Motion for Extension of Time to File Motion for Rehearing Page 1 2. Appellant's deadline to file his Motion for Rehearing was March 18, 2015.

3. Appellant advises the Court that he filed his Motion on March 18 20 15 at

12:00 a.m. However, during the process of e-filing, Counsel for Appellant

experienced technical difficulties resulting in Appellant's Motion being filed

in Bexar County District Court. See Exhibit A. Appellant immediately re-

filed his Motion in the Third Court of Appeals at 12:12 a.m. See Exhibit B.

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

for Rehearing to March 19, 2015 in order that Appellant's Motion can be

accepted as timely filed by the Court.

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 19, 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 Second Motion for Extension of Time to File Motion for Rehearing Page 2

CERTIFICATE OF CONFERENCE

On March 19, 2015, the undersigned counsel for Appellant conferred with counsel for Appellee, Mark Cronenwett, concerning the foregoing Motion and Mr. Cronenwett stated that he is not opposed to this Motion. See Exhibit C.

Is/ James Minerve

James Minerve

CERTIFICATE OF SERVICE

I hereby certify that on this 19th day of March 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:

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

Isl James Minerve

James Minerve

Appellant's Second Motion for Extension of Time to File Motion for Rehearing Page 3 3/19/2015 Envelope Details

Print this page EXHIBIT A

Envelope 4555953 Case Information Location Bexar County - District Clerk Date Filed 03/19/2015 12:00:56 AM Case Number 03-14-00202-CV Case Description Assigned to Judge Attorney James Minerve Firm Name Minerve Law Firm Filed By Maria Rogers Filer Type Not Applicable Fees Convenience Fee $0.06 Total Court Case Fees $0.00 Total Court Filing Fees $0.00 Total Court Service Fees $2.00 Total Filing & Service Fees $0.00 Total Service Tax Fees $0.00 Total Provider Service Fees $0.00 Total Provider Tax Fees $0.00 Grand Total $2.06 Payment Account Name Minerve Payment Account Transaction Amount $2.06 Transaction Response Transaction ID 7492814 Order# 004555953-0

No Fee Documents Filing Type EFile Filing Code No Fee Documents Filing Description Reference Number Comments Status Submitted Fees Court Fee $0.00 Service Fee $0.00 https://efile.txcourts.gov/EnvelopeDetails.aspx?envelopeguid=266f590d-e84b-4e7f-956e-d3618ee9ee52 1/2 3/19/2015 Envelope Details

Documents Lead Document Appellant's Motion for Rehearing Brief3rd court FINAL.pdf [Original]

https://efile.txcourts.gov/EnvelopeDetails.aspx?envelopeguid=266f590d-e841:r4e7f-956e-d3618ee9ee52 212 3/19/2015 - Envelope Details

Print this page EXHIBIT B

Case# 03-14-00202-CV Case Information Location 3rd Court of Appeals Date Filed 03/19/2015 12:12:31 AM Case Number 03-14-00202-CV Case Description Assigned to Judge Attorney James Minerve Firm Name Minerve Law Firm Filed By Maria Rogers Filer Type Not Applicable Fees Convenience Fee $0.43 Total Court Case Fees $0.00 Total Court Filing Fees $15.00 Total Court Service Fees $0.00 Total Filing & Service Fees $0.00 Total Service Tax Fees $0.00 Total Provider Service Fees $0.00 Total Provider Tax Fees $0.00 Grand Total $15.43 Payment Account Name Minerve Payment Account Transaction Amount $15.43 Transaction Response Transaction ID 7492817 Order# PaymentTransactionDetail

Motion for Rehearing Filing Type EFile Filing Code Motion for Rehearing Filing Description Motion for Rehearing Brief for Appellant Reference Number NEMER MASSAAD Comments Status Submitting Fees Court Fee $15.00 Service Fee $0.00 https:l/efile.txcourts.gov/EnvelopeDetails.aspx?envelopeguid=250fa127-e40b-4600-9071-d3426601a83e 1/2 3/19/2015 ; Envelope Details

Documents Lead Document Appellant's Motion for Rehearing Brief 3rd court FINAL.pdf [Original]

https://efile.txcourts.gov/EnvelopeDetails.aspx?envelopeguid=250fa127-e401r4600-9071-d3426601a83e 212 - EXHIBIT I

c

· ~- ----· ~------ - --- -~-------·- "

I

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Maria Rogers

From: Mark Cronenwett < mcronenwett@mwzmlaw.com > Sent: Thursday, March 19, 2015 11 :41 AM To: Maria Rogers Cc: James Minerve; jgminerve@aol.com Subject: RE: (Nemer Massaad v. Wells Fargo) Appellant's Motion for Extension of Time

James,

Pursuant to your voice mail of earlier today, I don't oppose your 2nd motion to extend the time for filing your motion for rehearing to today, March 19, 2015.

Thanks,

iVIark D. Cronenwett Mackie Wolf Zientz & Mann, PC 14160 N. Dal las Parkway, Suite 900 Dallas, TX 75254 Direct: (214) 635 -2670 Main: (214) 635-2650 Fax: (214) 635-2686 mcronenwett@mwzmlaw.com http://mwzmlaw.com/

rAIJ MACKIE WOLF ZIENTZ MAN~ Arkansas Tennessee Texas

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