No. 07-13-221-CV

Mike E. Deubler § In the Court of Appeals

Appellant, §

§

v. §

§

The Bank of New York Mellon as §

Successor Trustee Under Novastar §

Mortgage Funding Trust 2005-1, and §

Saxon Mortgage Services, Inc., §

Appellees § Seventh District of Texas

Appellant’s Motion to 

Extend Time to File Motion for Rehearing

To the Honorable Court:

Appellant, Mike E. Deubler, requests that the Court extend time for filing of

his Motion for Rehearing as to the opinion herein of June 15, 2015 (“Opinion”) under

Rules of Appellate Procedure 10.5(b), 49.1, 49.8 and all other applicable Rules, and

in support of this motion show:

1. Regular Time for Motion for Rehearing. A Motion for Rehearing would

have been regularly due by June 30, 2015. This Motion for Extension of Time is timely,

since the thirtieth day after June 15, 2015 is today, July 15, 2015.

 2. Necessary Extension of Time. Appellant asks that the Court grant him

an extension for filing of Appellant’s Motion for Rehearing from June 30, 2015 until

APPELLANT’S MOTION TO EXTEND

TIME TO FILE MOTION FOR REHEARING

ACCEPTED

07-13-00221-CV

SEVENTH COURT OF APPEALS

AMARILLO, TEXAS

7/15/2015 10:37:42 PM

Vivian Long, Clerk

 FILED IN 7th COURT OF APPEALS AMARILLO, TEXAS 7/15/2015 10:37:42 PM VIVIAN LONG CLERK
today, July 15, 2015, the last day by rule for seeking reconsideration, in order that it

may be deemed timelymade.Much of counsel’s available time in the weeksfollowing

June 15, 2015 was occupied with preparation of filingsto seek to preventforeclosures

for the July 6, 2015 sale date, replies to extensive discovery and dispositive motions

and various other deadline filings. From approximately a month before the issuance

of the opinion through a week after issuance, Appellant’s counsel was without his

computeron fivedifferentoccasionsformultipledays,due to numeroussoftwareproblems

thatrendered the computer almost completelynon-functional; repairsrequired multiple

attempts by two different sets of experts to resolve. In the month since the Opinion,

counsel was also required to attend the out-of-town funeral of a familymember, expend

days notnormallyrequiredworking on bonding of an appeal, complete briefing in another

court of appeals, while also attending to arranging medical care and treatment and

consulting with physicians in the care of his elderly mother, for whose care counsel

is solely responsible. Appellant has sought no previous extension of time regarding

the filing of a Motion for Rehearing.

 3. Prayer. For these reasons, your Appellant requests that the Court:

(A) grant an extension of the time to file Appellant’s Motion for

Rehearing until July 15, 2015; and

(B) grant Appellant such other and further relief to which he may be

APPELLANT’S MOTION TO EXTEND

TIME TO FILE MOTION FOR REHEARING 2
entitled or is in the interest of justice.

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; fax (888) 511-0946

michael@brinkleypllc.com

Attorney for Appellant

Certificate Regarding Conference

The undersigned appellant’s counsel conferred by telephone and email today,

July15,2015,with counselfor appellee,Elizabeth Duffy, and was advised thatAppellee

is opposed to the relief requested.

/s/ Michael Brinkley

__________________________________

Michael Brinkley

Attorney for Appellant

APPELLANT’S MOTION TO EXTEND

TIME TO FILE MOTION FOR REHEARING 3
Certificate of Service. I certify that a true and correct copy of the foregoing has been

served on the following counsel and/or pro se parties of record, in accordance with

Texas Rule of Appellate Procedure 9.5, on the date shown:

Robert T. Mowrey

Elizabeth K. Duffy

Matthew H. Davis

LOCKE LORD LLP

2200 Ross St., Suite 2000

Dallas, Texas 75201

(214) 740-8000, fax (214) 740-8800

Attorneys for Appellee.

Dated: July 15, 2015.

/s/ Michael Brinkley

_____________________________________

Michael Brinkley

APPELLANT’S MOTION TO EXTEND

TIME TO FILE MOTION FOR REHEARING 4