Wesley Spears and Renee Jacobs v. Falcon Pointe Community Homeowner's Association

Court of Appeals of Texas·Decided March 6, 2015·No. 03-14-00650-CV·Published

Opinion

ACCEPTED 03-14-00650-CV 4408912 THIRD COURT OF APPEALS AUSTIN, TEXAS 3/6/2015 4:41:57 PM JEFFREY D. KYLE CLERK

WESLEY SPEARS AND RENEE JACOBS, APPELLANTS

FILED IN 3rd COURT OF APPEALS V. AUSTIN, TEXAS

3/6/2015 4:41:57 PM FALCON POINTE COMMUNITY ASSOCIATION, APPELLEE

JEFFREY D. KYLE Clerk

NO. 03-‐14-‐00650CV

MARCH 6, 2015

APPELLANTS’ MOTION FOR PERMISSION FILE BRIEF THAT

EXCEDDS THE CIVIL WORD COUNT ALLOWED BY THIS COURT

Wesley S. Spears, State Bar No. 18898400, Spears Law, 401 Congress

Avenue., Suite 1540, Austin, Texas 78701, Tel. 512-‐696-‐2222, Fax. 512-‐ 687-‐3499 Attorney for Appellants, email, wesleys637@yahoo.com.

Appeal from County Court One of Travis County, Texas

No. 3-‐14-‐00650

C-‐1-‐CV-‐13-‐010214

IDENTITY OF PARTIES AND COUNSEL

Appellants, Wesley Spears and Renee Jacobs

Appellants’ counsel

Wesley S. Spears, State Bar No. 18898400, Spears Law, 401 Congress

Avenue., Suite 1540, Austin, Texas 78701, Tel (512)696-‐2222, Fax. 512-‐ 687-‐3401.

Appellee, Falcon Pointe Community Homeowners’ Association

Appellee’s Counsel

David Chamberlain, Chamberlain and McHaney, 301 Congress Avenue,

22nd Floor, Austin, Texas 78701 Tel. 512-‐474-‐9124, Fax. 512-‐474-‐8582

Appellants hereby moves for an order of the Court granting this Motion to

allow appellants’ to file their brief with footnotes which exceeds the 15,000 word

count allowed in civil appeals.

The actual word count in Appellants’ Brief is 18,124.

Appellants’ have made efforts to reduce the size of the appellants’ Brief.

But

because of the extensive facts cited in appellants’ Brief and the fact the Court Record

in this matter is over twelve hundred pages, the appellants respectfully submits that

it is in the interest of justice that this court grant this Motion.

Appellants’ Wesley Spears

and Renee Jacobs

By:/S/WESLEY SPEARS

Wesley Spears

Bar No.18898400

401 Congress Avenue,

Suite 1540

Austin, Texas 78701

Tel.: 512-‐696-‐2222

Fax.: 512-‐687-‐3499

Attorney for Appellants

CERTIFICATION OF CONFERENCE

This is to certify that appellants’ counsel, Wesley Spears and appellee’s

conferred today pursuant to Tex. R. App. P. 10.1 (a) (5) regarding the foregoing

Motion.

Appellee does not object to the Third Court of Appeals granting the

foregoing Motion to allow Appellants to file their Brief that exceeds the civil word

count for civil Briefs.

/s/Wesley Spears

_______________________

Wesley Spears

CERTIFICATION OF SERVICE

This is to certify that a copy of the foregoing Motion was served on

counsel for appellee, David Chamberlain, Chamberlain and McHaney,

301 Congress Avenue, 22nd Floor, Austin, Texas 78701 Tel. 512-‐474-‐

9124, Fax. 512-‐474-‐8582 By EMAIL on this 6th day of March, 2015.

Appellants, Wesley Spears and

Renee Jacobs

By:/S/Wesley Spears

Wesley Spears

Bar No.18898400

401 Congress Avenue,

Suite 1540

Austin, Texas 78701

Tel.: 512-‐696-‐2222

Fax.: 512-‐687-‐3499

Attorney for Appellants

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ACCEPTED 03-14-00650-CV 4408912 THIRD COURT OF APPEALS AUSTIN, TEXAS 3/6/2015 4:41:57 PM JEFFREY D. KYLE CLERK

WESLEY SPEARS AND RENEE JACOBS, APPELLANTS

FILED IN 3rd COURT OF APPEALS V. AUSTIN, TEXAS

3/6/2015 4:41:57 PM FALCON POINTE COMMUNITY ASSOCIATION, APPELLEE

JEFFREY D. KYLE Clerk

NO. 03-‐14-‐00650CV

MARCH 6, 2015

APPELLANTS’ MOTION FOR PERMISSION FILE BRIEF THAT

EXCEDDS THE CIVIL WORD COUNT ALLOWED BY THIS COURT

Wesley S. Spears, State Bar No. 18898400, Spears Law, 401 Congress

Avenue., Suite 1540, Austin, Texas 78701, Tel. 512-‐696-‐2222, Fax. 512-‐ 687-‐3499 Attorney for Appellants, email, wesleys637@yahoo.com.

Appeal from County Court One of Travis County, Texas

No. 3-‐14-‐00650

C-‐1-‐CV-‐13-‐010214

IDENTITY OF PARTIES AND COUNSEL

Appellants, Wesley Spears and Renee Jacobs

Appellants’ counsel

Wesley S. Spears, State Bar No. 18898400, Spears Law, 401 Congress

Avenue., Suite 1540, Austin, Texas 78701, Tel (512)696-‐2222, Fax. 512-‐ 687-‐3401.

Appellee, Falcon Pointe Community Homeowners’ Association

Appellee’s Counsel

David Chamberlain, Chamberlain and McHaney, 301 Congress Avenue,

22nd Floor, Austin, Texas 78701 Tel. 512-‐474-‐9124, Fax. 512-‐474-‐8582

Appellants hereby moves for an order of the Court granting this Motion to

allow appellants’ to file their brief with footnotes which exceeds the 15,000 word

count allowed in civil appeals.

The actual word count in Appellants’ Brief is 18,124.

Appellants’ have made efforts to reduce the size of the appellants’ Brief.

But

because of the extensive facts cited in appellants’ Brief and the fact the Court Record

in this matter is over twelve hundred pages, the appellants respectfully submits that

it is in the interest of justice that this court grant this Motion.

Appellants’ Wesley Spears

and Renee Jacobs

By:/S/WESLEY SPEARS

Wesley Spears

Bar No.18898400

401 Congress Avenue,

Suite 1540

Austin, Texas 78701

Tel.: 512-‐696-‐2222

Fax.: 512-‐687-‐3499

Attorney for Appellants

CERTIFICATION OF CONFERENCE

This is to certify that appellants’ counsel, Wesley Spears and appellee’s

conferred today pursuant to Tex. R. App. P. 10.1 (a) (5) regarding the foregoing

Motion.

Appellee does not object to the Third Court of Appeals granting the

foregoing Motion to allow Appellants to file their Brief that exceeds the civil word

count for civil Briefs.

/s/Wesley Spears

_______________________

Wesley Spears

CERTIFICATION OF SERVICE

This is to certify that a copy of the foregoing Motion was served on

counsel for appellee, David Chamberlain, Chamberlain and McHaney,

301 Congress Avenue, 22nd Floor, Austin, Texas 78701 Tel. 512-‐474-‐

9124, Fax. 512-‐474-‐8582 By EMAIL on this 6th day of March, 2015.

Appellants, Wesley Spears and

Renee Jacobs

By:/S/Wesley Spears

Wesley Spears

Bar No.18898400

401 Congress Avenue,

Suite 1540

Austin, Texas 78701

Tel.: 512-‐696-‐2222

Fax.: 512-‐687-‐3499

Attorney for Appellants

Wesley Spears and Renee Jacobs v. Falcon Pointe Community Homeowner's Association, (Tex. Ct. App. 2015).

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