Zimac Care Center Inc., and Virginia Akuchie v. Ngozi Nweze

Opinion

ACCEPTED 01-15-00716-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 11/18/2015 4:37:46 PM CHRISTOPHER PRINE CLERK

NO. 01-15-00716-CV

IN THE FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS FIRST COURT OF APPEALS 11/18/2015 4:37:46 PM AT HOUSTON, TEXAS CHRISTOPHER A. PRINE Clerk

ZIMAC CARE CENTER, INC., VIRGINIA AKUCHIE, ET AL, Appellants,

V.

NGOZINWEZE Appellee

On Appeal from the 127th Judicial District Court Harris County, Texas Cause No. 2011-52006

APPELLANTS' MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS' BRIEF

Respectfully submitted,

IslKurt G. Clarke

Kurt G. Clarke SBN: 04316720 6200 Savoy, Ste. 458 Houston, Texas 77036 Tel: (713) 779-5500 Fax: (713) 779-6668 E-mail: kgclaw@aol.com Attorney for Appellants NO.01-15-00716-CV

IN THE

FIRST COURT OF APPEALS

AT HOUSTON, TEXAS

ZIMAC CARE CENTER, INC., VIRGINIA AKUCHIE, ET AL, Appellants,

On Appeal from the 127th Judicial District Court Harris County, Texas Cause No. 2011-52006

APPELLANTS' MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS' BRIEF

TO THE HONORABLE COURT OF APPEALS:

COME NOW, ZIMAC CARE CENTER, INC., VffiGINIA

AKUCHIE, ET AL, Appellants in the above styled and numbered case and

under the authority of Tex.R.App.P. lO.S(b) asks the Court to extend time to file

Appellants' brief.

1. Appellants' briefwas due on or about November 5, 2015. 2. Appellants request an additional thirty (30) days to file the brief; that is an

extension of time until December 4,2015.

3. Reasonable explanation of the need for more time to file Appellee's brief

exists in that:

a. Appellants' counsel is solo-practitioner;

b. Appellee's counsel had to travel out of the country for important personal business beginning on November 17, 2015. Exhibit A.

c. Prior to leaving the country, Counsel for Appellant was actively engaged in litigating cases in the district and county courts of Harris and Fort Bend Counties.

4. This is Appellants' first Request for an extension of time to file the brief.

5. This extension of time to file Appellants' brief is not sought for delay, but is

necessary so that justice may be done.

WHEREFORE, PREMISES CONSIDERED, Appellants, pray the court grant an

extension of time allowing Appellants thirty (30) days extension to file the brief.

Appellants request any further relief to which it may be justly entitled.

Kurt G. Clarke SBN: 04316720 6200 Savoy, Ste. 458 Houston, Texas 77036 Tel: (713) 779-5500 Fax: (713) 779-6668 E-mail: kgclaw@aol.com Attorney for Appellants CERTIFICATE OF CONFERENCE

I hereby certify that this motion was discussed with Appellee's attorney, Ms.

Robin Bluitt on November 18,2015. Ms. Bluitt is "opposed" to an extension of

time. Exhibit B.

Kurt G. Clarke CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing

instrument was forwarded on this the 18th day of November, 2015, either by

E-service provider, telecopier, first class mail, certified mail, return receipt

requested and/or by messenger to:

Robin A. Bluitt 11152 Westheimer #671 Houston, Texas 77042 Fax # (713) 978-6064 E-mail: atty.bluitt@sbcglobal.net

Isl Kurt G. Clarke

Kurt G. Clarke Depart Arrive UN I T (IAH) Houston George (POS) Port of Spain, Bush Intercontinental Ap, TT US 17-Nov-15 (Tue) United Airlines 17-Nov-15 (Tue) 0141pm 09.lOpm

Flight Time. 05hr 29min Class. Economy Stops. nonstop Aircraft. Boeing 737-800

Flight BW601 Depart Arrive (POS) Port of Spain, TT (GEO) Georgetown. 18-Nov-15 (Wed) 06:10am GY 18-Nov-15 (Wed) Caribbean Airlines 0720am

Flight Time. 01 hr 10min Class: Economy Stops. nonstop Aircraft. Boeing 737-800

Flight BW460 Depart Arrive ...• (GEO) Georgetown, GY (POS) Port of Spain, Arij.~...1"''' ~;.1(rlif"/llJ TT ". 01-Dec-15 (Tue) 03.50pm 01-Dec-15 (Tue) Caribbean Airlines 0500pm

Flight Time. 01 hr 10min Class. Economy Stops. nonstop Aircraft. Boeing 737-800

Flight UA1459 Depart Arrive (POS) Port of Spain, TT (IAH) Houston UNITEO~ 02-Dec-15 (Wed) 0915am George Bush Intercontinental Ap, United Airlines US 02-Dec-15 (Wed) 0125pm

Flight Time: 06hr 10min Class. Economy Stops. nonstop Aircraft. Boeing 737-800

TICK T TYPE PRiCE sUrVilV,Aqy

E-ticket(s) 1 Adult(s) $ 652.00 Taxes and agent- $ 88.00 imposed Fees Total $ 740.00 USD NOTE: The Total displayed reflects the total cost of the original booking only and does not include any charges associated with subsequent changes.

* Charged on your Credit Card. United Airlines $ 740.00 USD

EXHIBIT

I A From: Robin Bluitt To: kgclaw Subject: Re: Zimac v. Nweze - Appeal Date: Wed, Nov 18,20151:36 pm

Mr. Clarke,

Please let me know your position on this untimely appeal motion to dismiss. I oppose the "extension of time to file defendants' brief. "

Sent from my iPhone

On Nov 18, 2015, at 12:02 PM, "kgclaw@aol.com" wrote:

Dear Ms. Bluitt:

I intend to file a Motion to Extend time to file Appellant's Brief.

Kindly notify me of your position.

I look forward to hearing from you soon.

Kurt

Law Offices of Kurt G. Clarke Attorney at Law Regency Square Tower 6200 Savoy, Suite 458 Houston, Texas 77036 Tel. (713)779-5500 Fax. (713)779-6668 Email: kgclaW@aol.com

I B From: Robin Bluitt To: kgclaw Subject: Re: Zimac v. Nweze - Appeal Date: Wed, Nov 18,201512:24 pm

I plan to file a motion to dismiss due to the untimely appeal. The last day to appeal was the 14th. The appeal was filed on the 18th.

On Nov 18, 2015, at 12:02 PM, "kgc/aw@aol.com" wrote:

I intend to file a Motion to Extend time to file Appel/ant's Brief.

Law Offices of Kurt G. Clarke Attorney at Law Regency Square Tower 6200 Savoy, Suite 458 Houston, Texas 77036 Tel. (713)779-5500 Fax. (713) 779-6668 Email: kgclaw@aol.com