SECOND MOTION TO FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLANT PAGE 1 NO. 05-14-00874- CV

IN THE COURT OF APPEALS

FOR THE FIFTH DISTRICT OF TEXAS

AT DALLAS

HASSAN PARSA,

Appellant ,

v.

VINCENT WALKER,

Appellee.

On Appeal from Cause No. DC

- 13 -11870 14 th Judicial District Court, Dallas Couty, Texas Hon. Eric Mo yé, Judge Presiding

SECOND MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLANT

TO THE HONORABLE COURT OF APPEALS:

COMES NOW, Appellant Hassan Parsa, respectfully moves this Honorable Court

for a second extension of time in which to file his brief, stating as follows:

1. The court below is the 14th District Court, Dallas County, Texas.

2. This is an appeal from an order dated June 9, 2014

.

3. A notice of appeal was timely filed on July 3, 2014. The Clerk’s Record

was filed on Augu st 5, 2014. The Reporter’s Record was filed July 25, 2014

. ACCEPTED 05-14-00874-CV FIFTH COURT OF APPEALS

DALLAS, TEXAS 5/18/2015 10:26:54 AM

LISA MATZ CLERKSECOND MOTION TO FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLANT PAGE 2

4. By order dated August 25, 2014, this appeal was abated due to the

bankruptcy of Appellant. By order dated March 18, 2015, the stay was lifted by this

Court and Appellant’s brief was due to be fil ed April 15, 2015.

5. By Order dated April 15, 2015, pursuant to extension, Appellant’s Brief is

currently due to be filed with this Court on May 17, 2015.

6. It is impossible to adequately prepare the brief of Appellant in the current

time allowed. Although co unsel for Appellant was counsel in the trial court, the delay

caused by the bankruptcy has caused the record to go cold, and it must be thoroughly re

reviewed. Further, counsel’s spouse had surgery on March 30, 2015, leaving her

incapacitated for a period of two months. During this period counsel has also had to

prepare and file a Reply to Response to Petition for Review in the Supreme Court (filed

April 30, 2015 ) in Goodwin v. QuikTrip Corp. , No. 14

- 1076

. Counsel for Appellant

requests additional time t o adequate ly prepare the brief of Appellant in the current time

allotted

.

7. The extension sought in this motion is not sought solely for purposes of

delay, but only so that justice may be done

.

8. Counsel for Appellee was asked if he opposed this motion on Thursday,

May 14, 2015. As of Monday, May 18, 2015, no response has been received

.

9. An extension of thirty (30) days is sought by this motion.

WHEREFORE, PREMISES CONSIDERED , Appell ant respectfully requests

that the time in which he may file his Brief be extended to and including June 15, 2015

,

and for such other and further relief to whi ch he may be entitled at law or in equity.SECOND MOTION TO FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLANT PAGE 3 Respectfully submitted,

/s/ Mark Donheiser RANDAL MATHIS State Bar No. 13194300 MARK DONHEISER State Bar No. 05974800 

### M ATHIS 

### & D ONHEISER 1412 Main Street, Suite 2600 Dallas, TX 75202 Telephone: 21 4.303.1919 Facsimile: 214.303.0399

ATTORNEYS FOR HASSAN PARSA

CERTIFICATE OF CONFERENCE

Counsel for Appellee, Jerrod David, h as not res ponded to a May 14, 2015 reques t for conference on this motion

Signed this 1 8 th day of May, 2015

.

/s/ Mark Donheiser MARK DONHEISERSECOND MOTION TO FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLANT PAGE 4 CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing document has

been forwarded to all other known counsel of record as listed below, via facsimile, in

accordance with the Texas Rules of Civil Procedure on this 1 8 th day of May, 2015

.

Mr. Jerrod L. Davis Brady & Brady, PLLC 6440 N. Central Expressway, Suite 610 Dallas, Texas 75206

/s/ Mark Donheiser MARK DONHEISER