No. 03-14-00029-CV

Oscar Melendez and § In the Court of Appeals

Connie Melendez, §

Appellants, §

§

v. §

§

Citimortgage, Inc., §

Ernestine Williams §

and §

Wendy Alexander §

Appellees § Third District of Texas

Appellant’s Unopposed Motion to 

Extend Time to File Motion for Rehearing

To the Honorable Court:

Appellant, Oscar Melendez, requests that the Court extend time for filing of his

Motion for Rehearing as to the opinion herein of June 25, 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 shows:

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

have been regularly due by July 10, 2015. This Motion for Extension of Time is timely,

since the thirtieth day after June 25, 2015 was last Saturday, and today, Monday, July

27, 2015 is the first day the clerk’s office is open thereafter.

APPELLANT’S MOTION TO EXTEND

TIME TO FILE MOTION FOR REHEARING

ACCEPTED

03-14-00029-CV

6244541

THIRD COURT OF APPEALS

AUSTIN, TEXAS

7/27/2015 10:49:19 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/27/2015 10:49:19 PM JEFFREY D. KYLE Clerk
 2. Necessary Extension of Time. Appellant asks that the Court grant him

an extension for filing of Appellant’s Motion for Rehearing from July 10, 2015 until

today, July 27, 2015, the last day by rule for seeking reconsideration, in order that it

may be deemed timely made. Much of counsel’s available time in the weeks following

June 25, 2015 was occupied with preparation of filings to seek to prevent foreclosures

for the July 6, 2015 sale date, replies to extensive discovery and various other deadline

filings.Fromapproximately five to sixweeks before the issuance ofthe opinion through

nearthe date ofissuance,Appellant’s counselwaswithout his computer on five different

occasionsformultipledays,due tonumeroussoftwareproblemsthatrenderedthe computer

almost completely non-functional; repairs required multiple attempts by two different

sets of experts to resolve, and created numerous delays in research, consultation of

colleagues and other aspects of document preparation. Appellant’s counsel was also

involvedwith family arrangements during the lastillness and funeral ofBettyHayWright

(widow of the recently deceased Speaker JimWright), who was critically ill at the time

the Motion for Rehearing was originally due, who subsequently died on July 15, 2015

and whose funeral and family gathering took place July 19, 2015. 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

APPELLANT’S MOTION TO EXTEND

TIME TO FILE MOTION FOR REHEARING 2
Rehearing until July 27, 2015; and

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

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 today,July 27, 2015,

with counsel for appellee, James G. Ruiz, and was advised that Appellee is unopposed

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 ofrecord,in accordancewithTexas

Rule of Appellate Procedure 9.5, on the date shown:

James G. Ruiz

WINSTEAD PC

401 Congress Avenue, Suite 2100

Austin, Texas 78701

fax (512) 370-2850

Attorney for Appellee

Dated: July 27, 2015.

/s/ Michael Brinkley

_____________________________________

Michael Brinkley

APPELLANT’S MOTION TO EXTEND

TIME TO FILE MOTION FOR REHEARING 4