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# CASE NO. 01 -14-00872 -CV

IN THE FIRST COURT OF APPEALS

_______________________________________ C ALHOUN /H OLIDAY P LACE , I NC ., et al

V .
W ELLS F

ARGO B ANK , N.A.

_______________________________________ On appeal from the 55 th Judicial District Court of Harris County , Texas Cause No. 2011-56876

_______________________________________ A PPELLEE ’ S F IRST U NOPPOSED M OTION FOR E XTENSION OF T IME

TO THE HONORABLE FIRST COURT OF APPEALS: Appell ee , Wells Fargo Bank, N.A., requests a 30

– day extension to file its brief, and for good cause, would show as follows:

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

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

3. Appellee requests a 30

– day extension to file i ts brief so that the undersigned can adequately prepare the same.

4. The undersigned has not had sufficient time to prepare Appell ee ’ 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

CLERK2

 Fil ing a reply bri ef 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.

 Attend ing mediation on April 13, 2015.

 Fil ing 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.

 Prepar ing for and at tending a pretrial conference on April 27, 2015, which included the filing of several motions on April 23, 2015.

 Attending mediation on April 29, 2015.

 Pr esent ing 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.

 Fil ing 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.

 Prepar ing for and present ing 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, 2015.3

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. Thus, additional time is needed for the undersigned to prepare and file Appell ee ’ s brief.

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. Under Tex. R. App. P. 10.3, the undersigned co nferred with cou nsel for Appel lants , and counsel is un opposed to this motion. FOR THESE REASONS, Appell e e pray s tha t the Court grant this motion for extension of time and extend the deadline for filing Appell ee ’ 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 APPELL E E4 Certificate of Service I certify that a true and correct copy of this document has been served to all interested pa rties of record on this the 19 th 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