NO. 14-15-00296-CV

 

IN THE FOURTEENTH COURT OF APPEALS

 

CFM DEVELOPMENT, LLC,

Appellant,

v.

DELTON DRUM, et al.,

Appellees.

 

Appealed from the 253rd Judicial District

Liberty County, Texas

Trial Court Cause No. CV71357

 

APPELLANT’S UNOPPOSED FIRST MOTION FOR EXTENSION 

OF TIME TO FILE APPELLANT’S BRIEF

______________________________________________

Appellant, CFM Development, LLC, files this First Motion for Extension of

Time to File Appellant’s Brief and would respectfully show:

I. INTRODUCTION

1. This is an appeal from a jury trial.

2. Appellant’s Brief is currently due May 28, 2015.

3. Appellant has neither sought nor received any extensions.

ACCEPTED

14-15-00296-CV

FOURTEENTH COURT OF APPEALS

HOUSTON, TEXAS

5/20/2015 4:10:43 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 5/20/2015 4:10:43 PM CHRISTOPHER A. PRINE Clerk
4. Appellant requests a 30-day extension to file its brief, or up and

including June 29, 2015.

II. BASES FOR EXTENSION

5. In addition to attempting to review the record and adequately brief the

issues in this case, Mr. Moore:

* Prepared and filed a brief on April 24, 2015, in No.

6:14-cv-00419-WSS, Jerry W. Scarbrough v. Helen Purser, et al., in the

United States District Court Western District of Texas Waco Division. 

That is an appeal from an adversarial proceeding, which included nine

days of trial testimony before the bankruptcy court, a multitude of

exhibits, as well asthe introduction of the reporter'srecord (16 volumes)

from a state-court trial that resulted in the adverse judgment sought to

be discharged. Because of the nature and size of the record in that case,

Mr. Moore could not complete and file that brief early and begin

working on this appeal;

* Prepared and filed a brief on the merits in the Texas Supreme Court on

May 13, 2015, in No. 14-0584, Christa Shelley v. CHCA West Houston,

L.P. d/b/a West Houston Medical Center;

* Prepared and filed a trial brief and then appeared at and argued a

significant pretrialmatter on May 15, 2015, in No. 2013-45326, Kenneth

Thorns v. Chevron Phillips Chemical Company, LLC, in the 270

th

Judicial District Court, Harris County, Texas, in a case that was set for

trial on May 18

th

 on a two-week trial docket; and

* Is preparing a brief in No. 14-14-00664-CV; In the Guardianship of

John D. Burley, An Incapacitated Person, in the Fourteenth Court of

Appeals, which is due June 1, 2015, and in a case in which the Court has

already granted two extension for lead appellate counsel (not Mr.

Moore).

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III. PRAYER

6. Therefore, counsel asks that the Court grant this request and extend the

time for appellant to file its brief up to and including June 29, 2015.

Respectfully submitted,

/s/ Daryl L. Moore

Daryl L. Moore (14324720)

DARYL L. MOORE, P.C.

1005 Heights Boulevard

Houston, Texas 77008

713.529.0048 Telephone

713.529.2498 Facsimile

daryl@heightslaw.com

Etta Davidson (07495750)

LAW OFFICE OF FREDERICK L. MCGUIRE

2500 E TC Jester Blvd, Ste 285

Houston, Texas 77008

713.956.9646 Telephone

713.956.9695 Facsimile

Counsel for Appellant, CFM Development,

LLC

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CERTIFICATE OF CONFERENCE

I, Daryl L. Moore, certify that I conferred with opposing counsel for appellees

to determine whether they oppose this request. Mr. Richard Baker, counsel for

appellees, does not oppose this request.

/s/ Daryl L. Moore

Daryl L. Moore

CERTIFICATE OF SERVICE

On May 20, 2015, I sent a true and correct copy of this First Motion for

Extension via E-service to the following:

Richard Baker

BAKER & ZBRANEK

1935 Trinity

P.O. Box 10066

Liberty, Texas 77575

bzlaw@imsday.com

Counsel for Appellees

Oil Well Buyers Corporation and Eugene A. Smitherman

Ron Norwood

THE NORWOOD LAW FIRM

517 Travis St, Suite 300

Liberty, Texas 77575

936.334-1118 Facsimile

Counsel for Delton Drum, et al.

/s/ Daryl L. Moore

Daryl L. Moore

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CERTIFICATE OF COMPLIANCE

Relying on the word count function in the word processing software used to

produce this document, I certify that the number of words in this motion, excluding

the parts listed in TRAP Rule 9.4(i)(1), is 369.

This motion complies with the typeface requirements of TRAP 9.4(e) because

it uses a conventional typeface no smaller than 14-point (WordPerfect X6 14-point

Times New Roman).

/s/ Daryl L. Moore

Daryl L. Moore

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