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. 13 th 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

CLERKIdentity of Parties and Counsel

Appellant: Francis Williams Montenegro Lynda Williams Appellant’s Counsel: Francis Williams Montenegro

State Bar No. 21533500

1503A E. 13 th

Austin, Texas 78702 Telephone: (51 2) 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 : (7 13) 933

- 1541

(713) 933

- 1532 Facsimile: (847) 879

- 4854

Email: kschwartz@logs.com bhenshaw@logs.com gburks@logs.comTO 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 Rehearin g, 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 Motio n 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 o ne previous motion for extension of time to file the

motion for rehearing has been req uested 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 Jul y 27 , 2015Respectfully submitted

,

/s/ Francis Williams Montenegro Francis Williams Montenegro Counsel for Appellants

State Bar No. 21533500

1503A E. 13 th St. Austin, Texas 78702 Telephone: (512) 554

- 2812

CERTIFICATE OF CONFERENCE

I Francis Williams Montenegro , Attorney for Appella n ts, hereby certify that

I contact ed 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

extens ion (July 27, 2015).

/s / Francis Williams Montenegro Francis Williams Montenegro Counsel for AppellantsCERTIFICATE OF COMPLIANCE

I, Francis Williams Montenegro, Counsel for Appellant s , certify that

the word count for this moti on, as c ounted 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 1 0 th of August

2015 , delivered to the counsel for Appellee s
, SHAPIRO SCHWAR T Z , 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