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CASE NO. 01-14-00872-CV 

IN THE FIRST COURT OF APPEALS 

_______________________________________

CALHOUN/HOLIDAY PLACE, INC., et al 

V. 

WELLS FARGO BANK, N.A. 

_______________________________________

On appeal from the 55th Judicial District Court of 

Harris County, Texas Cause No. 2011-56876 

_______________________________________

APPELLEE’S FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME

TO THE HONORABLE FIRST COURT OF APPEALS: 

 Appellee, Wells Fargo Bank, N.A., requests a 30–day extension to file 

its brief, and for good cause, would show as follows: 

1. Appellee’s brief is due on May 22, 2015. 

2. This is Appellee’s first request for an extension of time. 

3. Appellee requests a 30–day extension to file its brief so that the 

undersigned can adequately prepare the same. 

4. The undersigned has not had sufficient time to prepare Appellee’s 

brief due to the demands of his docket, which include: 

ACCEPTED

01-14-00872-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

5/19/2015 4:36:15 PM

CHRISTOPHER PRINE

CLERK
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 Filing a reply brief on the merits with the Texas Supreme Court

on April 9, 2015, in the case–styled and numbered, In re O.E. 

Investments, Ltd., Case No. 14–0375.

 Attending mediation on April 13, 2015.

 Filing a petition for review on April 14, 2015 in the case–styled 

and numbered Pedernal Energy, LLC v. Bruington 

Engineering, LLC, Case No. 15–0123.

 Preparing for and attending a pretrial conference on April 27, 

2015, which included the filing of several motions on April 23, 

2015.

 Attending mediation on April 29, 2015.

 Presenting a CLE presentation on April 30, 2015.

 Filing a reply brief on May 4, 2015 in the case–styled and 

numbered, Approximately $31,421 v. State of Texas, Case No. 

14–14–00385–CV.

 Filing a petition for review on May 6, 2015 in the case–styled 

and numbered, McLean v. Livingston, Case No. 15–0100.

 Filing a petition for review on May 8, 2015 in the case–styled 

and numbered, Ex parte Crittenden, Case No. 15–0184.

 Filing a petition for writ of mandamus on May 11, 2015 in the 

case–styled and numbered, In re Pfeil, Case No. 01–15–00433–

CV.

 Preparing for and presenting oral argument on May 12, 2015 in 

the Approximately $31,421 v. State of Texas matter referenced 

above.

 Preparing for and presenting a CLE presentation in Lubbock on 

May 20, 2015.
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5. Thus, additional time is needed for the undersigned to prepare and 

file Appellee’s brief. 

6. Under Tex. R. App. P. 10.3, the undersigned conferred with counsel 

for Appellants, and counsel is unopposed to this motion. 

FOR THESE REASONS, Appellee prays that the Court grant this 

motion for extension of time and extend the deadline for filing Appellee’s

brief to June 22, 2015.

Respectfully submitted,

LEYH, PAYNE & MALLIA, PLLC

By: /s/ Sean M. Reagan

Sean Michael Reagan

sreagan@lpmfirm.com

Texas Bar No. 24046689

9545 Katy Freeway, Suite 200

Houston, Texas 77024

Telephone: 713-785-0881

Facsimile: 713-784-0884

ATTORNEY FOR APPELLEE
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Certificate of Service

I certify that a true and correct copy of this document has been served 

to all interested parties of record on this the 19th day of May 2015 as 

follows:

H. Miles Cohen Via Email

Crain, Caton & James, P.C.

1401 McKinney, Suite 1700

Houston, Texas 77010

/s/ Sean M. Reagan

Sean M. Reagan