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# No. 15 -0795

________________________________________________________________________ I N THE S UPREME C OURT OF T EXAS

________________________________________________________________________ I N R E J OSEPH A NDRE D AVIS
F LOYD D ANIEL L OPEZ (R EAL P ARTY IN I NTERE ST ) I RMA O LGA J IMENEZ (R EAL P ARTY IN I NTEREST )

________________________________________________________________________ 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

________________________________________________________________________

M OTION FOR E XTENSION OF T IME TO F ILE R ESPONSE TO P ETITION FOR W RIT OF M ANDAMUS OF J OSEPH A NDRE D AVIS

________________________________________________________________________ Misty A. Hataway
- Coné T EXAS B AR N O . 24032277 G ODWIN PC 4 Houston Center 1331 Lamar Street, Suite 1665 Houston, Texas 77010 Telephone: 713
- 595
- 8300 Facsimi le: 713
- 425
- 7594

________________________________________________________________________

A TTORNEYS FOR R EAL P ARTIES IN I NTEREST

________________________________________________________________________ FILED 15-0795 11/3/2015 4:57:07 PM tex-7668695 SUPREME COURT OF TEXAS BLAKE A. HAWTHORNE, CLERK2

T O T HE H ONORABLE S UPREME C OURT O F T EXAS :
Pu rsu ant 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 th is Motion for Extension of Time to File Response to
Petition for Wri t 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 respec tfully show the Court the following:
1. On October 2 6 , 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 (1 4 ) 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 1 7 , 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
f ile the Response on their behalf. The request for extension of time represents a request
for a new deadline of fourteen (1 4 ) 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.3

5. Additionally, Mrs. Hataway

- Co né 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, 20 15; and (3) a n 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 Distr ict 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 In terest 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 Ap peals 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

. W HEREFORE , PREMISES CONSIDERED , Real Parties in Interest Floyd Daniel Lopez and Irma Olga Jimenez respectfully request the Court grant th is Motion for
Extension of Time to File Response to Petition for Writ of Mandamus of Joseph An dre4

Davis , and extend the deadline for filing the Petition for Review by eight ( 8 ) days from November 9, 2015 to November 1 7 , 2015

. Real Parties in Interest Floyd Daniel Lopez and Irma Olga Jimenez also respectfully request all such further and other reli ef to which they may be justly entitled at law and in equity. Respectfully submitted,
G ODWIN 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

C ERTIFICATE OF S ERVICE 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 3 323 Rose Trace Drive Spring, Texas 77386
/s/ Misty A. Hataway

- Coné Misty A. Hataway
- Coné5 C ERTIFICATE OF C ONFERENCE The undersigned counsel of record for Real Parties in Interest hereby certifies that an attempt to confer wi th 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

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