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No. 15-0795 

________________________________________________________________________ 

IN THE SUPREME COURT OF TEXAS

________________________________________________________________________ 

IN RE JOSEPH ANDRE DAVIS

FLOYD DANIEL LOPEZ (REAL PARTY IN INTEREST) 

IRMA OLGA JIMENEZ (REAL PARTY IN INTEREST) 

________________________________________________________________________ 

On Petition for Writ of Mandamus 

from the First District Court of Appeals at Houston 

NO. 01-15-00408-CV

From the 245th Judicial District Court of Harris County, Texas 

Trial Court Cause No. 2014-58410 

The Honorable Judge Roy L. Moore presiding 

________________________________________________________________________ 

MOTION FOR EXTENSION OF TIME TO FILE

RESPONSE TO PETITION FOR WRIT OF MANDAMUS OF JOSEPH ANDRE DAVIS

________________________________________________________________________ 

Misty A. Hataway-Coné

TEXAS BAR NO. 24032277

GODWIN PC

4 Houston Center

1331 Lamar Street, Suite 1665

Houston, Texas 77010

Telephone: 713-595-8300

Facsimile: 713-425-7594

________________________________________________________________________ 

ATTORNEYS FOR REAL PARTIES IN INTEREST 

________________________________________________________________________ 

FILED

15-0795

11/3/2015 4:57:07 PM

tex-7668695

SUPREME COURT OF TEXAS

BLAKE A. HAWTHORNE, CLERK
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TO THE HONORABLE SUPREME COURT OF TEXAS:

Pursuant to Rule 10.5(b) of the Texas Rules of Appellate Procedure, Floyd Daniel 

Lopez and Irma Olga Jimenez, Real Parties in Interest in the above-referenced 

proceeding, respectfully submit this Motion for Extension of Time to File Response to 

Petition for Writ of Mandamus of Joseph Andre Davis, and respectfully request that the 

Court grant the motion and extend the deadline for filing the Response by eight (8) days

from November 9, 2015 to November 17, 2015. In support thereof, Real Parties in 

Interest respectfully show the Court the following:

1. On October 26, 2015 the Court requested a response from Real Parties in 

Interest. The Response is due to be filed on or before November 9, 2015, fourteen (14) 

days from the date of the Court's request.

2. The length of the extension sought is eight (8) days, from November 9, 

2015 to November 17, 2015.

3. Real Parties in Interest require the extension of the deadline for filing the 

Response because on November 3, 2015 they retained appellate counsel, undersigned, to 

file the Response on their behalf. The request for extension of time represents a request 

for a new deadline of fourteen (14) days from the date Real Parties in Interest retained 

counsel to file on their behalf.

4. Misty A. Hataway-Coné, recently retained lead appellate counsel for Real 

Parties in Interest, is unfamiliar with the facts and procedural history in the underlying 

suit and appeal and requests additional time to gather the information needed to draft the 

Response.
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5. Additionally, Mrs. Hataway-Coné has: (1) a mediation scheduled for 

November 4, 2015 in another matter, Cause No. 69992; In the Interest of K.E.K and 

C.R.K Children; In the 300th Judicial District Court of Brazoria County, Texas; (2) a 

presentation to Texas State Bank on November 5, 2015; and (3) an opening appellate

brief due on November 23, 2015 in Civil Action No. 4:15-cv-2517; Bankruptcy Case No. 

13-33264; Digerati Technologies, Inc., et al., Debtor v. Hoover Slovacek LLP; In the 

United States Bankruptcy Court for the Southern District of Texas – Houston Division.

6. The trial date for the underlying suit in this matter has been reset from 

November 2, 2015 to February 8, 2016, so the requested extension of time will not affect 

the proceedings in the trial court.

7. Real Parties in Interest have not previously requested nor been granted any 

extensions of the deadline for filing the Response.

8. The First District Court of Appeals at Houston denied the Petition for Writ 

of Mandamus on July 28, 2015.

9. The case number in the Court of Appeals was 01-15-00414-CV, styled In 

re Joseph Andre Davis, Relator.

10. The cause number of the underlying matter is 2014-58410, in the 245th 

Judicial District Court of Harris County, Texas, the Honorable Judge Roy L. Moore 

presiding, styled Floyd D. Lopez v. Joseph Andre Davis.

WHEREFORE, PREMISES CONSIDERED, Real Parties in Interest Floyd Daniel 

Lopez and Irma Olga Jimenez respectfully request the Court grant this Motion for 

Extension of Time to File Response to Petition for Writ of Mandamus of Joseph Andre 
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Davis, and extend the deadline for filing the Petition for Review by eight (8) days from 

November 9, 2015 to November 17, 2015. Real Parties in Interest Floyd Daniel Lopez 

and Irma Olga Jimenez also respectfully request all such further and other relief to which 

they may be justly entitled at law and in equity.

Respectfully submitted,

GODWIN PC

By: ___________________________

Misty A. Hataway-Coné

Texas State Bar No. 24032277

MCone@GodwinLaw.Com

1331 Lamar Street, Suite 1665

Houston, Texas 77010

Telephone: 713-595-8300

Facsimile: 713-425-7594

ATTORNEYS FOR REAL PARTIES 

IN INTEREST

CERTIFICATE OF SERVICE

The undersigned counsel of record for Real Parties in Interest hereby certifies that 

true and correct copies of this Motion for Extension of Time to File Response to Petition 

for Writ of Mandamus were forwarded to Joseph Andre Davis, Relator by certified mail, 

return receipt requested, on November 3, 2015:

Joseph Andre Davis, Pro Se

3323 Rose Trace Drive

Spring, Texas 77386

/s/ Misty A. Hataway-Coné

Misty A. Hataway-Coné
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CERTIFICATE OF CONFERENCE

The undersigned counsel of record for Real Parties in Interest hereby certifies that 

an attempt to confer with Joseph Andre Davis, who is representing himself pro se, was 

made on November 3, 2015 via telephonic conference. A message was left for Mr. Davis 

but as of the time of the filing of this request, no response has been received. 

Accordingly, this Motion for Extension of Time to File Response to Petition for Writ of 

Mandamus of Joseph Andre Davis is submitted to the Court for its consideration and 

determination.

/s/ Misty A. Hataway-Coné

Misty A. Hataway-Coné

2713449 v1-99999/1208 PLEADINGS