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

Court of Appeals of Texas·Decided November 30, 2015·No. 01-15-00716-CV·Published

Opinion

ACCEPTED 01-15-00716-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 11/30/2015 4:32:17 PM CHRISTOPHER PRINE CLERK

NO. 01-15-00716-CV

IN THE FILED IN 1st COURT OF APPEALS FIRST COURT OF APPEALS HOUSTON, TEXAS 11/30/2015 4:32:17 PM AT HOUSTON, TEXAS CHRISTOPHER A. PRINE Clerk

__________________________________________________________________

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

NGOZI NWEZE Appellee __________________________________________________________________

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

APPELLANTS' MOTION FOR EXTENSION OF TIME TO RESPOND TO APPELLEE'S MOTION TO DISMISS

Respectfully submitted,

*Kurt G. Clarke SBN: 04316720 Bassey O. Akpaffiong SBN: 24006745 6200 Savoy, Suite 458 Houston, Texas 77036 Phone: (713) 779-5500 Fax: (713) 779-6668 E-mail: kgclaw@aol.com, akpaffionglaw@yahoo.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,

NGOZI NWEZE Appellee __________________________________________________________________

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

APPELLANTS' MOTION FOR EXTENSION OF TIME TO RESPOND TO APPELLEE'S MOTION TO DISMISS

TO THE HONORABLE COURT OF APPEALS:

COME NOW, ZIMAC CARE CENTER, INC., VIRGINIA

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

under the authority of Tex.R.App.P. 10.5(b) asks the Court to extend time to file a response

to Appellee's Motion to Dismiss.

1. Appellee filed its Motion to Dismiss on November 23, 2015 at 11:23 p.m. 2. Appellee's Certificate of Service is dated "November 24, 2015".

3. Appellants received Appellee's Motion on November 24, 2015.

4. As the court is aware, Appellants' counsel is currently out of the country.

5. Appellants request an additional ten (10) days to file the response; or an

extension of time until December 10, 2015.

6. Reasonable explanation of the need for more time to file Appellants'

response exists in that:

a. Appellants' counsel is solo-practitioner;

b. Appellants' counsel had to travel out of the country for important

personal business beginning on November 17, 2015.

c. Appellant's counsel will not return before December 2, 2015. A

copy of counsel's flight itinerary is on file with this court.

7. This is Appellants' first Request for an extension of time to file the response.

8. This extension of time to file Appellants' response 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 an additional ten (10) days extension to file the response. Appellants request any further relief to which it may be justly entitled.

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

Robin Bluitt on November 30, 2015. Ms. Bluitt said that she is "opposed".

/s/ Bassey Akpaffiong /s/ Kurt G. Clarke _____________________________ Bassey Akpaffiong/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 30th 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

/s/ Bassey Akpaffiong /s/ Kurt G. Clarke ____________________ Bassey Akpaffiong

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ACCEPTED 01-15-00716-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 11/30/2015 4:32:17 PM CHRISTOPHER PRINE CLERK

NO. 01-15-00716-CV

IN THE FILED IN 1st COURT OF APPEALS FIRST COURT OF APPEALS HOUSTON, TEXAS 11/30/2015 4:32:17 PM AT HOUSTON, TEXAS CHRISTOPHER A. PRINE Clerk

__________________________________________________________________

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

NGOZI NWEZE Appellee __________________________________________________________________

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

APPELLANTS' MOTION FOR EXTENSION OF TIME TO RESPOND TO APPELLEE'S MOTION TO DISMISS

Respectfully submitted,

IN THE

FIRST COURT OF APPEALS

AT HOUSTON, TEXAS

__________________________________________________________________

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

NGOZI NWEZE Appellee __________________________________________________________________

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

APPELLANTS' MOTION FOR EXTENSION OF TIME TO RESPOND TO APPELLEE'S MOTION TO DISMISS

TO THE HONORABLE COURT OF APPEALS:

COME NOW, ZIMAC CARE CENTER, INC., VIRGINIA

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

under the authority of Tex.R.App.P. 10.5(b) asks the Court to extend time to file a response

to Appellee's Motion to Dismiss.

1. Appellee filed its Motion to Dismiss on November 23, 2015 at 11:23 p.m. 2. Appellee's Certificate of Service is dated "November 24, 2015".

3. Appellants received Appellee's Motion on November 24, 2015.

4. As the court is aware, Appellants' counsel is currently out of the country.

5. Appellants request an additional ten (10) days to file the response; or an

extension of time until December 10, 2015.

6. Reasonable explanation of the need for more time to file Appellants'

response exists in that:

a. Appellants' counsel is solo-practitioner;

b. Appellants' counsel had to travel out of the country for important

personal business beginning on November 17, 2015.

c. Appellant's counsel will not return before December 2, 2015. A

copy of counsel's flight itinerary is on file with this court.

7. This is Appellants' first Request for an extension of time to file the response.

8. This extension of time to file Appellants' response 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 an additional ten (10) days extension to file the response. Appellants request any further relief to which it may be justly entitled.

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

Robin Bluitt on November 30, 2015. Ms. Bluitt said that she is "opposed".

/s/ Bassey Akpaffiong /s/ Kurt G. Clarke _____________________________ Bassey Akpaffiong/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 30th 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

/s/ Bassey Akpaffiong /s/ Kurt G. Clarke ____________________ Bassey Akpaffiong

Zimac Care Center Inc., and Virginia Akuchie v. Ngozi Nweze, (Tex. Ct. App. 2015).

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