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

5032109

THIRD COURT OF APPEALS

AUSTIN, TEXAS

4/24/2015 5:37:02 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 4/24/2015 5:37:02 PM

AUSTIN TEXAS JEFFREY D. KYLE 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-I-CV-14-000401 Hon. Joe Carroll, presiding

MOTION TO ALLOW APPELLANT'S BRIEF TO EXCEED WORD COUNT

Appellant's Motion to Exceed Word Count Page 1

TO THE HONORABLE COURT OF APPEALS:

COMES NOW APPELLANT, NEMER MASSAAD, and files this Motion to

Allow Appellant's Brief to Exceed Word Count, and respectfully shows the

following:

1. Concurrently with this Motion, Appellant filed his Motion for Rehearing en

bane.

2. Appellant's Motion for Rehearing en bane is approximately 5,202 words,

excluding the parts of the brief exempted by Tex.R.App.P. 9.4(i)(2)(D). A

motion for rehearing may typically not exceed 4,500 words.

3. It order to adequately address the Court's original holding and the

Appellee's Brief, it was necessary to exceed the word count as stated.

4. Appellant respectfully requests the Court to accept the Motion for

Rehearing.

WHEREFORE, PREMISES CONSIDERED, Appellant prays this Court grant his

Motion to Allow Appellant's Brief to Exceed Word Count.

Respectfully submitted,

By: /s/ James Minerve

James Minerve State Bar No. 24008692 115 Saddle Blanket Trial Buda, Texas 78610 (210) 336-5867

Appellant's Motion to Exceed Word Count Page 2

(888) 230-6397 (Fax) Attorney for Appellant, Nemer Massaad

CERTIFICATE OF CONFERENCE

On April 23, 2015, the undersigned counsel for Appellant attempted to Communicate with counsel for Appellee, Mark Cronenwett, concernmg the foregoing Motion. Mr. Cronenwett did not consent nor oppose.

/s/ James Minerve

James Minerve

CERTIFICATE OF SERVICE

I hereby certify that on this 24th day of April, 2015, 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. Cronenwett Mackie Wolf Zientz & Mann, PC 14160 North Dallas Parkway Parkway Office Center, Suite 900 Dallas, Texas 75254

s/s/ James Minerve

James Minerve

Appellant's Motion to Exceed Word Count Page 3