Court of Civil Appeals of Texas, 2015

First American Title Insurance Company v. Patriot Bank

First American Title Insurance Company v. Patriot Bank
Court of Civil Appeals of Texas · Decided June 11, 2015

First American Title Insurance Company v. Patriot Bank

Opinion

ACCEPTED 01-14-00170-cv FIRST COURT OF APPEALS HOUSTON, TEXAS 6/11/2015 6:53:43 PM CHRISTOPHER PRINE CLERK

CASE NO. 01–14–00170–CV FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS IN THE FIRST COURT OF APPEALS6/11/2015 6:53:43 PM HOUSTON, TEXAS CHRISTOPHER A. PRINE Clerk _____________________________________________ FIRST AMERICAN TITLE INSURANCE COMPANY V.

PATRIOT BANK _____________________________________________ On Appeal from the 61st Judicial District Court of Harris County, Texas, Cause No. 2012–47633 _____________________________________________ PATRIOT BANK’S SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR REHEARING

TO THE HONORABLE JUSTICES OF THE FIRST COURT OF APPEALS: Patriot Bank requests a 4–day extension to file its motion for rehearing and for good cause, would show as follows: 1. The Court issued its opinion on May 12, 2015. Patriot Bank’s motion for rehearing is due on June 11, 2015.

2. This is Patriot Bank’s second request to extend the deadline for filing its motion for rehearing. The first extension granted by the Court was for 15 days.

3. The demands of the undersigned’s litigation docket during the last days have prevented him from completing Patriot Bank’s motion for rehearing, which include:  Preparing and filing a brief on the merits with the Texas Supreme Court on May 29, 2015, in the case–styled and numbered Morrison v. Whispering Pines Lodge I, LLP, Case No. 14–0318.

 Preparing and filing a brief on June 5, 2015 in the case– styled and numbered, Phillips Development Realty, LLC v. LJA Engineering, LLC, Case No. 14–14–00858–CV.

 Preparing a brief on the merits to be filed with the Texas Supreme Court on June 12, 2015, in the case–styled and numbered, Worldwide Clinical Trials v. Arnold, Case No. 14–0786.

4. The undersigned’s wife will also be going out of town on June 11, which will require the undersigned to stay home on June 12 with his children.

5. Under TEX. R. APP. P. 10.3, the undersigned conferred with counsel for the First American, and counsel is unopposed to this motion.

FOR THESE REASONS, Patriot Bank prays that this Honorable Court grant this First Unopposed Motion for Extension of Time to File Motion for Rehearing, extend the deadline for filing the same to June 15, 2015, and grant all other relief to which Patriot Bank may be entitled.

Respectfully submitted, LEYH, PAYNE & MALLIA, PLLC

By: /s/ Sean M. Reagan Sean Michael Reagan [email protected] Texas Bar No. 24046689 9545 Katy Freeway, Suite 200 Houston, Texas 77024 Telephone: 713-785-0881 Facsimile: 713-784-0884

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this document has been served to all interested parties of record on this the 11th day of June 2015: Tim McDaniel Kelly Conklin Irelan McDaniel, PLLC Louisiana, Suite 1800 Houston, Texas 77002 Don Colleluori Mark T. Davenport Figari & Davenport, LLP Main Street, LB 125 Dallas, Texas 75202

/s/ Sean M. Reagan Sean M. Reagan

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