No. 03-14-00529-CV

Jerome J. Isaac and § In the Court of Appeals

Michelle P. Isaac, §

Appellants §

§

v. §

§

Vendor Resource Management, Inc., §

Mortgage Electronic Registration §

Systems, Inc., and Citimortgage, Inc., §

Appellees § Third District of Texas

Appellants’ Motion to Extend Time to File Brief

To the Honorable Court:

Appellants request that the Court extend time for filing of their brief under Rules

of Appellate Procedure 10.5(b), 38.6(d) and all other applicable Rules, and in support

of this motion show:

1. Due Date of Brief. Appellant’s Brief is due for filing today, January 23,

2015, per the Court’s last correspondence. Appellants seek hereby to have the due date

of their brief extended to Monday, February 2, 2015.

2. Extension of Time Sought. Appellants have sought no previous extension

of time to file their brief, and ask that the Court grant them an extension for filing of

their brief until Monday, February 2, 2015, in order that it may be optimally prepared.

APPELLANTS’ MOTION TO EXTEND

TIME TO FILE APPELLANTS’ BRIEF

ACCEPTED

03-14-00529-CV

3888229

THIRD COURT OF APPEALS

AUSTIN, TEXAS

1/23/2015 10:56:57 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 1/23/2015 10:56:57 PM JEFFREY D. KYLE Clerk
Plaintiffs anticipate actually filing the brief in advance of such latter date. Over the

course ofthemonthssince the appealwastaken,Appellants’ counsel has handled several

cases involving applications for emergency relief, despite numerous days of absence

fromtheoffice due to chronic illness and variousfamilyobligationsincluding emergency

hospitalization of hismother(forwhose care he issolely responsible).Much of counsel’s

time since the filing ofthe components ofthe record, and particularlybetweenNovember

30, 2014 and the present date, has been occupied with family obligations related to

the death of his last uncle, and with care and transportation of counsel’s wife, who

sustained an accidental injury that precluded her driving herself to work, medical,

rehabilitation or any other appointments well into January. All of the foregoing has

depleted time that could havebeen devoted topreparation ofthebrief.Appellantstherefore

ask that they be granted this very short extension of time to file their brief.

3. Prayer. For these reasons, your Appellants request that the Court:

(A) grant an extension of the time to file Appellants’brief,through and

until February 2, 2015; and

(B) grant Appellants such other and further relief to which they may

be entitled or is in the interest of justice.

APPELLANTS’ MOTION TO EXTEND

TIME TO FILE APPELLANTS’ BRIEF 2
Respectfully submitted,

/s/ Michael Brinkley

_____________________________________

Michael Brinkley

State Bar No. 03004300

BRINKLEY LAW PLLC

P. O. Box 820711

Fort Worth, Texas 76182-0711

(817) 284-3535; (888) 511-5854

fax (888) 511-0946

michael@brinkleypllc.com

Attorney for Appellants

Certificate of Conference

On January 23, 2015, I spoke by phone with Christopher Ferguson, attorney

of record for Appellee Vendor Resource Management, Inc., anticipating at the time

of the call that the extension sought might be only through today, and Mr. Ferguson

indicated that he could not agree with the relief sought, but would take no position.

Subsequently, I emailed Mr. Ferguson when it became clear that the brief could not

be completed today, setting out the substance of the relief requested in the foregoing

motion, and have not seen a replyfromhim.Also on January 23, 2015, I left a voicemail

for John W. Ellis, the counsel who appeared in court for the remaining Appellees, and

then exchanged emailswithMr.Ellis,who indicated thatAppelleesMortgageElectronic

Registration Systems,Inc. andCitimortgage,Inc. are not opposed to the reliefrequested.

Dated: January 23, 2015.

/s/ Michael Brinkley

_____________________________________

Michael Brinkley

APPELLANTS’ MOTION TO EXTEND

TIME TO FILE APPELLANTS’ BRIEF 3
Certificate of Service

I hereby certify that a true and correct copy of the foregoing has been served on the

following attorney of record, as required by Texas Rule of Appellate Procedure 9.5:

B. David L. Foster

John W. Ellis

LOCKE LORD LLP

600 Congress Avenue, Suite 2200

Austin, Texas 78701

voice 512.305.4700; fax 512.305.4800

Christopher Ferguson

LAW OFFICES OF JACK O’BOYLE

P.O. Box 815369

Dallas, Texas 75381

voice 972.247.0653, fax 972.247.0642.

Dated: January 23, 2015.

/s/ Michael Brinkley

______________________________

Michael Brinkley

APPELLANTS’ MOTION TO EXTEND

TIME TO FILE APPELLANTS’ BRIEF 4