Net Worth Realty USA, LLC and Dallas Metro Holding, LLC. v. Irmgard Denney

• Court: Court of Appeals of Texas
• Decided: June 7, 2018
• Docket: 05-18-00336-CV
• Status: Published

Opinion

ACCEPTED 5-18-00336-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 6/7/2018 4:36 PM LISA MATZ No. 05-18-00336-CV CLERK

In the Court of Appeals for the Fifth Judicial District at Dallas, 5th Texas FILED IN COURT OF APPEALS DALLAS, TEXAS 06/07/2018 4:36:57 PM LISA MATZ NET WORTH REALTY, USA, LLC AND DALLAS METRO HOLDING,Clerk LLC Appellants, v. IRMGARD DENNEY Appellee.

On Appeal from st The 191 Judicial District Court of Dallas County, Texas Cause No. DC-15-04329

APPELLANTS’ UNOPPOSED 2 n d MOTION TO EXTEND TO TIME TO FILE APPELLANT’S BRIEF

Jesse D. Hoffman State Bar No. 24058801 jhoffman@mccathernlaw.com Sounia Senemar State Bar No. 24103925 ssenemar@mccathernlaw.com

MCCATHERN, PLLC 3710 Rawlings, Suite 1600 Dallas, TX 75219 Phone: (214) 741-2662 Fax: (214) 741-4717

Counsel for Appellants

APPELLANTS’ UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLANTS’ BRIEF APPELLANTS’ UNOPPOSED 2 n d MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF

COME NOW, Appellants Net Worth Realty USA, LLC and Dallas Metro

Holdings, LLC, and file this 2nd Motion to Extend Time to File Appellants’ Brief,

and in support would show the Court as follows:

I. BACKGROUND This is an appeal from an order denying Appellants’ Motion for Attorney’s

Fees and Motion for Leave to File First Amended Counterclaim. Appellants

discovered while drafting their brief that many relevant pleadings from the trial

court were not included in the Clerk’s Record. Appellants requested a supplement

to include the missing filings, and promptly sent payment via fedex to the Clerk,

however the payment is taking longer to arrive than expected, and the Clerk will

not release the supplemental record until paid. Appellants cannot plug in the

record citations to their otherwise completed Appellant’s Brief until the

Supplemental Clerk’s Record is released. Therefore, Appellant request a 2 week

extension of time to file their brief, though they intend to file as soon as the

Supplemental Record is available, hopefully sooner than 2 weeks from now.

II. MOTION Appellants request an extension of time to June 21, 2018, to file their

opening brief. Under Appellate Rule 38.6(d), this Court may extend the time for filing a brief on a motion complying with Appellate Rule 10.5(b).1 In turn,

Appellate Rule 10.5(b) requires that a motion to extend time to file a brief state:

(A) the deadline for filing the item in question; (B) the length of the extension

sought; (C) the facts relied on to reasonably explain the need for an extension; and

(D) the number of previous extensions granted regarding the item in question.2

Pursuant to Rule 10.5(b), Appellants state as follows:

A. Deadline for Filing. Appellant’s current deadline is June 7, 2018.

B. Length of the Extension Sought. The length of the extension is 14 days.

C. Need for Extension. Appellants’ counsel needs time to insert record citation once the Supplemental Clerk’s Record becomes available.

D. Prior Extensions. Appellants have sought one previous extension.

III. CONCLUSION & PRAYER WHEREFORE, Appellants respectfully request that this Court grant this

Motion and extend Appellants’ deadline to file its opening brief by 14 days from

June 7, 2018 to June 21, 2018.

Respectfully Submitted,

/s/ Jesse D. Hoffman Jesse D. Hoffman State Bar No. 24058801 jhoffman@mccathernlaw.com Sounia Senemar State Bar No. 24103925 ssenemar@mccathernlaw.com

1 TEX. R. APP. P. 38.6(d). 2 TEX. R. APP. P. 10.5(b)(1).

APPELLANTS’ UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLANTS’ BRIEF MCCATHERN, PLLC 3710 Rawlings, Suite 1600 Dallas, TX 75219 Phone: (214) 741-2662 Fax: (214) 741-4717

DECLARATION Pursuant to Section 132.001 of the Texas Civil Practices and Remedies Code and Section 322.007 of the Texas Business and Commerce Code, Declarant states as follows:

My name is Jesse D. Hoffman, my date of birth is May 28, 1981, and my office address is 3710 Rawlins St., Suite 1600, Dallas, TX 75219. I declare under penalty of perjury that the facts set forth in the foregoing are true and correct.

Executed in Dallas County, State of Texas, on the 7th day of June, 2018.

/s/ Jesse D. Hoffman Jesse D. Hoffman

CERTIFICATE OF CONFERENCE Pursuant to Texas Rule of Appellate Procedure 10.1(a)(5), I hereby certify that on June 7, 2018, I conferred with counsel for Appellee regarding this Motion, and said counsel stated that Appellee is not opposed to the relief sought herein.

CERTIFICATE OF SERVICE I certify that a true copy of this Motion to Extend Time to File Appellants’ Brief was served on the following counsel in the manner indicated on June 7, 2018. Via Electronic Service

Kevin J. Keith Hiersche Hayward Drakeley Urbach 15303 Dallas Parkway, Suite 700 Addison, TX 75001 972-701-7000 – Phone 972-701-8765 - Fax kkeith@hhdulaw.com

Via Electronic Service

Evan Lane (Van) Shaw and David J. Welch Law Offices of Van Shaw 2723 Fairmount Dallas, Texas 75201 214.754.7110 214.754.7115 fax van@shawlaw.net david@shawlaw.net Counsel for Appellee

APPELLANTS’ UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLANTS’ BRIEF