No. 03 – 13 – 00123 - CV

In The Court Of Appeals 

For The Third Court Of Appeals District 

Austin, Texas 

FRANCIS WILLIAMS MONTENEGRO, 

Appellant, 

v.

WELLS FARGO 

Appellee. 

ON APPEAL FROM COUNTY COURT AT LAW #2 

TRAVIS COUNTY, TEXAS 

TRIAL COURT CAUSE NO. C-1-CV-12-006182 

APPELLANTS’ FIRST AMENDED 

AGREED SECOND MOTION FOR EXTENSION OF TIME 

TO FILE MOTION FOR REHEARING 

Francis Williams Montenegro 

Counsel for Francis Williams Montenegro and Lynda Williams 

State Bar No. 21533500 

1503A E. 13th Street 

Austin, Texas 78702 

Telephone: (512) 554-2812 

MontenegroLaw@gmail.com 

ACCEPTED

03-13-00123-CV

6435285

THIRD COURT OF APPEALS

AUSTIN, TEXAS

8/10/2015 9:05:07 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 8/10/2015 9:05:07 PM JEFFREY D. KYLE Clerk
Identity of Parties and Counsel

Appellant: 

Francis Williams Montenegro 

Lynda Williams

Appellant’s Counsel:

Francis Williams Montenegro

State Bar No. 21533500

1503A E. 13th

Austin, Texas 78702

Telephone: (512) 554-2812

Email: Montenegrolaw@gmail.com

Appellee: 

Wells Fargo Bank, NA

Appellee’s Counsel:

Kirk A. Schwartz

Blake Henshaw

H. Gray Burks, IV

SHAPIRO SCHWARTZ, LLP

State Bar No. 24004908

5450 Northwest Central, Suite 307

Houston, TX 77092

Telephone: (713) 933-1541

(713) 933-1532

Facsimile: (847) 879-4854

Email: kschwartz@logs.com

bhenshaw@logs.com

gburks@logs.com
TO THE HONORABLE SEVENTH COURT OF APPEALS:

Pursuant to TEX. R. APP. P. 49.1, Appellants Francis Williams 

Montenegro and Lynda Williams, by and through their undersigned attorney 

of record, file this First Amended Agreed Motion for Extension of Time to 

File Motion for Rehearing, and for cause would show the following:

1) On June 3 2015, this court affirmed the judgment of the trial 

court in this cause. A Motion for Rehearing of this court’s judgment, then, 

was due June 18, 2015.

2) Appellants requested an extension to file the Motion for 

Rehearing. The motion was granted. The Motion for Rehearing was due 

July 20, 2015

3) Appellant’s counsel has been unable to finish his Motion for 

Rehearing due to a lingering side effect of his medical condition which has 

recently resulted in vertigo when counsel’s head tilts just a few degrees.

4) Only the one previous motion for extension of time to file the 

motion for rehearing has been requested or granted.

5) This motion is made not for delay but in the interest of justice.

PRAYER FOR RELIEF

For the reasons set forth above, Appellant prays that this Court extend 

the deadline for filing his brief until July 27, 2015
Respectfully submitted,

/s/ Francis Williams Montenegro

Francis Williams Montenegro

Counsel for Appellants

State Bar No. 21533500

1503A E. 13th St.

Austin, Texas 78702

Telephone: (512) 554-2812

CERTIFICATE OF CONFERENCE

I Francis Williams Montenegro, Attorney for Appellants, hereby certify that 

I contacted by email the afternoon of July 20, 2015 by emailing Blake 

Henshaw of Shapiro Schwartz at bhenshaw@logs.com . On July 21, 2015 I 

received an email from Blake Henshaw that he would agree to a one week 

extension (July 27, 2015).

/s/ Francis Williams Montenegro

Francis Williams Montenegro

Counsel for Appellants
CERTIFICATE OF COMPLIANCE

I, Francis Williams Montenegro, Counsel for Appellants, certify that 

the word count for this motion, as counted by Microsoft Word, is 554.

/s/ Francis Williams Montenegro

Francis Williams Montenegro

CERTIFICATE OF SERVICE

I, Francis Williams Montenegro, Attorney for Appellants, certify that a true 

and correct motion of this First Amended Agreed Motion to Extend Time to 

File Appellant’s Second Motion for Rehearing was on this 10

th of August

2015, delivered to the counsel for Appellees, SHAPIRO SCHWARTZ, LLP,

by electronic service through CaseFileExpress, and by email at:

bhenshaw@logs.com , Attention Blake Henshaw.

/s/ Francis Williams Montenegro

Francis Williams Montenegro

Attorney for Appellants