NO. 01-15-00716-CV

IN THE

FIRST COURT OF APPEALS

AT HOUSTON, TEXAS

ZIMAC CARE CENTER, INC., VIRGINIA AKUCHIE, ET AL,

Appellants,

V.

NGOZINWEZE

Appellee

On Appeal from the 127th Judicial District Court

Harris County, Texas

Cause No. 2011-52006

APPELLANTS' MOTION FOR EXTENSION OF TIME

TO FILE APPELLANTS' BRIEF

Respectfully submitted,

IslKurt G. Clarke

Kurt G. Clarke

SBN: 04316720

6200 Savoy, Ste. 458

Houston, Texas 77036

Tel: (713) 779-5500

Fax: (713) 779-6668

E-mail: kgclaw@aol.com

Attorney for Appellants

ACCEPTED

01-15-00716-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

11/18/2015 4:37:46 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 11/18/2015 4:37:46 PM CHRISTOPHER A. PRINE Clerk
NO.01-15-00716-CV

IN THE

FIRST COURT OF APPEALS

AT HOUSTON, TEXAS

ZIMAC CARE CENTER, INC., VIRGINIA AKUCHIE, ET AL,

Appellants,

V.

NGOZINWEZE

Appellee

On Appeal from the 127th Judicial District Court

Harris County, Texas

Cause No. 2011-52006

APPELLANTS' MOTION FOR EXTENSION OF TIME

TO FILE APPELLANTS' BRIEF

TO THE HONORABLE COURT OF APPEALS:

COME NOW, ZIMAC CARE CENTER, INC., VffiGINIA

AKUCHIE, ET AL, Appellants in the above styled and numbered case and

under the authority of Tex.R.App.P. lO.S(b) asks the Court to extend time to file

Appellants' brief.

1. Appellants' briefwas due on or about November 5, 2015.
2. Appellants request an additional thirty (30) days to file the brief; that is an

extension of time until December 4,2015.

3. Reasonable explanation of the need for more time to file Appellee's brief

exists in that:

a. Appellants' counsel is solo-practitioner;

b. Appellee's counsel had to travel out of the country for important

personal business beginning on November 17, 2015. Exhibit A.

c. Prior to leaving the country, Counsel for Appellant was actively

engaged in litigating cases in the district and county courts of Harris

and Fort Bend Counties.

4. This is Appellants' first Request for an extension of time to file the brief.

5. This extension of time to file Appellants' brief is not sought for delay, but is

necessary so that justice may be done.

WHEREFORE, PREMISES CONSIDERED, Appellants, pray the court grant an

extension of time allowing Appellants thirty (30) days extension to file the brief.

Appellants request any further relief to which it may be justly entitled.

Respectfully submitted,

IslKurt G. Clarke

Kurt G. Clarke

SBN: 04316720

6200 Savoy, Ste. 458

Houston, Texas 77036

Tel: (713) 779-5500

Fax: (713) 779-6668

E-mail: kgclaw@aol.com

Attorney for Appellants
CERTIFICATE OF CONFERENCE

I hereby certify that this motion was discussed with Appellee's attorney, Ms.

Robin Bluitt on November 18,2015. Ms. Bluitt is "opposed" to an extension of

time. Exhibit B.

IslKurt G. Clarke

Kurt G. Clarke
CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing

instrument was forwarded on this the 18th day of November, 2015, either by

E-service provider, telecopier, first class mail, certified mail, return receipt

requested and/or by messenger to:

Robin A. Bluitt

11152 Westheimer #671

Houston, Texas 77042

Fax # (713) 978-6064

E-mail: atty.bluitt@sbcglobal.net

Isl Kurt G. Clarke

Kurt G. Clarke
UN I T

United Airlines

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Caribbean Airlines

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Depart

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US

17-Nov-15 (Tue) 0141pm

Flight Time. 05hr 29min

Stops. nonstop

Flight BW601 Depart

(POS) Port of Spain, TT

18-Nov-15 (Wed) 06:10am

Flight Time. 01 hr 10min

Stops. nonstop

Flight BW460 Depart

(GEO) Georgetown, GY

01-Dec-15 (Tue) 03.50pm

Flight Time. 01 hr 10min

Stops. nonstop

Flight UA1459 Depart

(POS) Port of Spain, TT

02-Dec-15 (Wed) 0915am

Flight Time: 06hr 10min

Stops. nonstop

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(POS) Port of Spain,

TT

17-Nov-15 (Tue)

09.lOpm

Class. Economy

Aircraft. Boeing

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(GEO) Georgetown.

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18-Nov-15 (Wed)

0720am

Class: Economy

Aircraft. Boeing

737-800

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(POS) Port of Spain,

TT

01-Dec-15 (Tue)

0500pm

Class. Economy

Aircraft. Boeing

737-800

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(IAH) Houston

George Bush

Intercontinental Ap,

US

02-Dec-15 (Wed)

0125pm

Class. Economy

Aircraft. Boeing

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PRiCE sUrVilV,Aqy

1 Adult(s) $ 652.00

Taxes and agentimposed Fees

Total $ 740.00 USD

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only and does not include any charges

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$ 88.00

* Charged on your Credit Card.

United Airlines $ 740.00 USD

I

EXHIBIT

A
From: Robin Bluitt <atty.bluitt@sbcglobal.net>

To: kgclaw <kgclaw@aol.com>

Subject: Re: Zimac v. Nweze - Appeal

Date: Wed, Nov 18,20151:36 pm

Mr. Clarke,

Please let me know your position on this untimely appeal motion to dismiss. I oppose the "extension of time to

file defendants' brief. "

Sent from my iPhone

On Nov 18, 2015, at 12:02 PM, "kgclaw@aol.com" <kgclaw@aol.com> wrote:

Dear Ms. Bluitt:

I intend to file a Motion to Extend time to file Appellant's Brief.

Kindly notify me of your position.

I look forward to hearing from you soon.

Kurt

Law Offices of

Kurt G. Clarke

Attorney at Law

Regency Square Tower

6200 Savoy, Suite 458

Houston, Texas 77036

Tel. (713)779-5500

Fax. (713)779-6668

Email: kgclaW@aol.com

I B

EXHIBIT
From: Robin Bluitt <atty.bluitt@sbcglobal.net>

To: kgclaw <kgclaw@aol.com>

Subject: Re: Zimac v. Nweze - Appeal

Date: Wed, Nov 18,201512:24 pm

I plan to file a motion to dismiss due to the untimely appeal. The last day to appeal was the 14th. The appeal

was filed on the 18th.

Sent from my iPhone

On Nov 18, 2015, at 12:02 PM, "kgc/aw@aol.com" <kgc/aw@aol.com> wrote:

Dear Ms. Bluitt:

I intend to file a Motion to Extend time to file Appel/ant's Brief.

Kindly notify me of your position.

I look forward to hearing from you soon.

Kurt

Law Offices of

Kurt G. Clarke

Attorney at Law

Regency Square Tower

6200 Savoy, Suite 458

Houston, Texas 77036

Tel. (713)779-5500

Fax. (713) 779-6668

Email: kgclaw@aol.com