Robert Robinson v. Wells Fargo Bank, N.A.

• Court: Court of Appeals of Texas
• Decided: February 5, 2015
• Docket: 12-14-00212-CV
• Status: Published

Opinion

ACCEPTED 12-14-00212-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 2/5/2015 10:48:35 AM CATHY LUSK CLERK

CAUSE NO. 12-14-00212-CV

IN THE TWELFTH COURT OF APPEALS FILED IN TYLER, STATE OF TEXAS 12th COURT OF APPEALS TYLER, TEXAS 2/5/2015 10:48:35 AM CATHY S. LUSK ROBERT ROBINSON, § Clerk Appellant, § § v. § Cause No. 12-14-00212-CV § WELLS FARGO BANK, N.A., § Appellee. §

Appeal from the County Court at Law of Cherokee County, Texas

Trial Court Cause No. CV 9282

APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF

Melissa A. McKinney BARRETT DAFFIN FRAPPIER TURNER & ENGEL, LLP State Bar No. 24041451 melissmc@bdfgroup.com 15000 Surveyor Blvd., Suite 100 Addison, Texas 75001 (972) 341-0995 (Telephone) (972) 341-0734 (Facsimile) ATTORNEYS FOR APPELLEE CAUSE NO. 12-14-00212-CV

IN THE TWELFTH COURT OF APPEALS TYLER, STATE OF TEXAS

ROBERT ROBINSON, § Appellant, § § v. § Cause No. 12-14-00212-CV § WELLS FARGO BANK, N.A., § Appellee. §

To the Honorable Court:

Appellee requetst that the Court extend time for filing of its brief under

Rules of Appellate Procedure 10.5(b), 38.6(d), and all other applicable Rules, and

in support of this motion would show:

1. Due date of Brief. According to the Court's website, Appellee's Brief

was designated as "not filed" January 20,2015. Appellant hereby seeks to have the

due date of its brief extended to February 5,2015.

2. Extension of Time Sought: Appellee has not sought a prevlOus

extension of time to file its brief and asks the Court to grant it an extension of time.

Appellee is contemporaneously filing its Brief with this Motion. Appellee

counsels' records show that Appellant's Brief was imaged into their electronic file

APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF Page 1 on December 31, 2014 at 5:31 pm. However, based on the Certificate of Service

incorporated into Appellant's Brief, counsel believes the Brief was received

sometime before December 31,2014. At the time Appellant's Brief was scanned

into Appellee's electronic file, there was no supporting calendar entry to ensure

any deadlines were reviewed or determined. During the month of January,

Appellee's Counsel had multiple trial settings and hearings that delayed reviewing

the Court's calendar to calculate the deadline from the time of Appellant's Brief.

The extension of time should not prejudice Appellant as it does not hamper any

responsive Brief.

3. Prayer: F or these reasons, Appellee requests the Court grant an

extension of time until February 5,2015 to file its Brief.

Respectfully submitted,

BARRETT DAFFIN FRAPPIER TURNER & ENGEL, LLP

/s/ Melissa A. McKinney Melissa A. McKinney State Bar No. 24041451 melissmc@mhalegalservices.com 15000 Surveyor Boulevard, Suite 100 Addison, Texas 75001 972-341-0955 (Telephone) 972-341-0734 (Fax) ATTORNEYS FOR APPELLEE

APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF Page 2 CERTIFICATE OF CONFERENCE

I hereby certify that I attempted to confer with Appellant Robert Robinson during the afternoon of January 29, 2015. However, during each attempt to call Appellant, the phone line rang as a fast busy signal. Therefore, this Motion is being presented to the Court as opposed.

Additionally, when Appellee's Counsel attempted to confer with Appellant Robert Robinson regarding a prior Motion, Counsel also received a fast busy signal. Appellee's Counsel will attempt to confirm if there is an issue with Counsel's telephone system that is causing an issue with contacting Appellant and supplement if any information is gathered.

/s/ Melissa A. McKinney Melissa A. McKinney

CERTIFICATE OF SERVICE

On this 5th day of January 2015, a true and correct copy of Appellee's Brief was served upon Appellants' counsel in accordance with the provision of the Texas Rules of Appellate Procedure.

"iaC~#71969008911503136496 Robert Robinson 16897 Pine Lane Flint, Texas 75762

APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF Page 3