No. 01-14-00027-CV

IN THE FIRST COURT OF APPEALS 

TORY HOUSE, ET AL.,

Appellants 

v.

THE O’QUINN LAW FIRM, JOHN M. O’QUINN & ASSOCIATES, L.L.P., 

AND T. GERALD TREECE, AS INDEPENDENT EXECUTOR OF 

THE ESTATE OF JOHN M. O’QUINN, DECEASED,

Appellees

Appeal from Cause No. 392,247-414 

In Probate Court No. 2 of Harris County, Texas

MOTION FOR EXTENSION OF TIME TO FILE 

BRIEF OF APPELLEES THE O’QUINN LAW FIRM, JOHN M. O’QUINN 

& ASSOCIATES, L.L.P, AND T. GERALD TREECE AS INDEPENDENT 

EXECUTOR OF THE ESTATE OF JOHN M. O’QUINN, DECEASED

Levon G. Hovnatanian

Texas Bar No. 10059825

hovnatanian@mdjwlaw.com

Dale Jefferson

Texas Bar No. 10607900

jefferson@mdjwlaw.com

Bruce E. Ramage

Texas Bar No. 16492500

ramage@mdjwlaw.com

Raul H. Suazo

Texas Bar No. 24003021

suazo@mdjwlaw.com

MARTIN, DISIERE,JEFFERSON & WISDOM, L.L.P.

808 Travis, 20th Floor

Houston, Texas 77002

(713) 632-1700 – Telephone

(713) 222-0101 – Facsimile

Kenneth R. Breitbeil

Texas Bar No. 02947690

kbreitbeil@mcfall-law.com

Norma N. Bennett

Texas Bar No. 24028492

nbennett@mcfall-law.com

MCFALL, BREITBEIL & EIDMAN, P.C.

1331 Lamar Street, Suite 1250

Houston, Texas 77010

(713) 590-9300 – Telephone

(713) 590-9399 – Facsimile

ACCEPTED

01-14-00027-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

1/13/2015 5:03:02 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 1/13/2015 5:03:02 PM CHRISTOPHER A. PRINE Clerk
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TO THE HONORABLE COURT OF APPEALS:

Come now appellees The O’Quinn Law Firm, John M. O’Quinn & 

Associates, L.L.P., and T. Gerald Treece, as Independent Executor of The Estate of 

John M. O’Quinn, Deceased (“Appellees”), and respectfully move for a 42-day 

extension of time to file their brief. The Appellees have requested and received 

one previous extension of time (of 30 days) to file their brief. 

The current deadline for the Appellees’ brief is Friday, December 19, 2014. 

This motion is e-filed on Tuesday, January 13, 2015, and is therefore timely filed. 

See TEX. R. APP. P. 38.6(d) (“A motion to extend the time to file a brief may be 

filed before or after the date a brief is due.”). 

The facts reasonably relied upon to explain the need for a 42-day extension 

of time are as follows. First, over the Christmas holidays Appellees’ counsel 

Levon Hovnatanian began experiencing excruciating back and leg pain. Mr. 

Hovnatanian was taken to an emergency room where his condition was diagnosed 

as a herniated disk. He was placed on strong pain medication for several days, 

followed up with a neurologist, had an MRI, and is to begin physical therapy when 

able. These circumstances have negatively affected the amount of time Mr. 

Hovnatanian has been able to spend in the office. 

Second, as managing partner of his law firm, Mr. Hovnatanian has been 

obligated to undertake and complete pressing end-of-the-year firm administrative 
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matters. This year, as in past years, these issues commenced during the late days 

of November, continued through the month of December, and will conclude in late 

January, 2015. 

Third, along with his current physical disorder and seasonal administrative 

duties, Mr. Hovnatanian, when able, has performed the following recent legal 

work:

1. Mr. Hovnatanian is assisting in preparing the appellant’s reply 

brief, due on January 29, 2015, in Cause No. 01-14-00133-CV; 

United Services Automobile Association v. Joseph Hayes, Jr. 

and Joanne Hayes; in the First Court of Appeals.

2. Mr. Hovnatanian assisted in the filing on January 12, 2015, of 

the appellants’ reply brief in Cause No. 01-13-00963-CV; 

Medical Discount Pharmacy, L.P., LifeChek Rosenberg GP, 

Inc., LifeChek, Inc., and Bruce V. Gingrich, Individually, 

Appellants v. State of Texas, Appellee; in the First Court of 

Appeals.

3. Mr. Hovnatanian prepared, and, on December 15, 2014, filed 

the response to the petition for review on behalf of respondent 

Safeco Surplus Lines, in Case No. 14-08442; Mohammed Khan, 

Petitioner v. Safeco Surplus Lines, Crawford & Company and 

Gary Whightsil, Respondents; in the Supreme Court of Texas.

4. Mr. Hovnatanian assisted in preparing the appellees’ brief in 

Cause No. 14-20224; Ambre Bodle, Leslie Meech, Plaintiffs–

Appellants v. TXL Mortgage Corporation, William Dale Couch, 

Individually, Defendants–Appellees; in the United States Court 

of Appeals for the Fifth Circuit, which was filed with corrections 

on December 2, 2014. 
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Based on the above, The O’Quinn Law Firm, John M. O’Quinn & 

Associates, L.L.P., and T. Gerald Treece, as Independent Executor of The Estate of 

John M. O’Quinn, Deceased, respectfully request a 42-day extension of time to file 

their brief, that is, to and including Friday, January 30, 2015.

Respectfully submitted,

MARTIN, DISIERE, JEFFERSON & WISDOM,

L.L.P.

By: /s/ Levon G. Hovnatanian

Levon G. Hovnatanian

State Bar No. 10059825

hovnatanian@mdjwlaw.com

Bruce E. Ramage

Texas Bar No. 16492500

ramage@mdjwlaw.com

808 Travis, 20th Floor

Houston, Texas 77002

Telephone: (713) 632-1700

Facsimile: (713) 222-0101

ATTORNEYS FOR T. GERALD TREECE,

AS INDEPENDENT EXECUTOR OF THE 

ESTATE OF JOHN M. O’QUINN, 

DECEASED
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By: /s/ Kenneth R. Breitbeil

Kenneth R. Breitbeil

Texas Bar No. 02947690

kbreitbeil@mcfall-law.com

Norma N. Bennett

Texas Bar No. 24028492

nbennett@mcfall-law.com

MCFALL, BREITBEIL & EIDMAN, P.C.

1331 Lamar Street, Suite 1250

Houston, Texas 77010

Telephone: (713) 590-9300

Facsimile: (713) 590-9399

ATTORNEYS FOR THE O’QUINN LAW 

FIRM AND JOHN M. O’QUINN & 

ASSOCIATES, L.L.P.

CERTIFICATE OF CONFERENCE

This is to certify that I attempted to contact Mr. Martin Siegel, counsel for 

appellants Tory House, et al., on January 13, 2015, regarding whether he opposes 

this motion, but could not reach him. 

By: /s/ Levon G. Hovnatanian

Levon G. Hovnatanian

CERTIFICATE OF COMPLIANCE

This is to certify that this computer-generated motion for extension of time 

to file brief of appellees contains 518 words.

By: /s/ Levon G. Hovnatanian

Levon G. Hovnatanian

January 13, 2015
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CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing motion for 

extension of time to file brief of appellees has been served upon the following 

counsel of record via the method(s) indicated on this, the 13th day of January, 

2015.

Martin J. Siegel

martin@siegelfirm.com

LAW OFFICES OF MARTIN J. SIEGEL

700 Louisiana Street, Suite 2300

Houston, TX 77002

(via e-Filing and e-mail)

(Attorney for Appellants Tory House, et al.)

Jerry Pusch

pusch@midtownlaw.net

LAW OFFICE OF JERRY PUSCH

2701 Louisiana Street

Houston, TX 77006

(via e-Filing and e-mail)

(Attorney for Appellants Tory House, et al.)

Jim Peacock

jimpeacock@msn.com

LAW OFFICES OF JIM L. PEACOCK

112 East 4th Street

Houston, TX 77007-2502

(via e-Filing and e-mail)

(Attorney for Appellee Abel Manji)

By: /s/ Levon G. Hovnatanian

Levon G. Hovnatanian