Nemer Massaad v. Wells Fargo Bank National Association as Trustee for Option One Mortgage Loan Trust 2006-3, Asset Backed Certificates, Series 2006-3 ( 2015 )

ACCEPTED 03-14-00202-CV 4572697 THIRD COURT OF APPEALS AUSTIN, TEXAS 3/19/2015 6:34:52 PM JEFFREY D. KYLE CLERK NO. 03-14-00202-CV FILED IN IN THE COURT OF APPEALS 3rd COURT OF APPEALS AUSTIN, TEXAS THE THIRD DISTRICT OF TEXAS 3/19/2015 6:34:52 PM JEFFREY D. KYLE DALLAS TEXAS Clerk NEMER MASSAAD, and all other OCCUPANTS Appellant V. WELLS FARGO BANK NATIONAL ASSOCIATION AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2006-3, ASSET BACKED CERTIFICATES, SERIES 2006-3 Appellee. Appeal from the County Court at Law Number One Travis County, Texas Trial Court Case No. C-1-CV-14-000401 Hon. Joe Carroll, presiding MOTION TO ALLOW APPELLANT’S BRIEF TO EXCEED WORD COUNT Appellant’s Motion to Exceed Word Count Page 1 of 4 Identity of the Parties Appellant/Defendant NEMER MASSAAD Counsel for Appellant/Defendant James Minerve State Bar No. 24008692 115 Saddle Blanket Trail Buda, Texas 78610 (210) 336-5867 (888) 230-6397 (Fax) (Appellate, Post-trial, and Appellate) Appellee/Plaintiff WELLS FARGO BANK NATIONAL ASSOCIATION AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2006-3,ASSET BACKED CERTIFICATES, SERIES 2006-3 Counsel for Appellee/Plaintiff Mackie Wolf Zientz & Mann, P.C. Mark D. Cronenwett State Bar No. 00787303 Parkway Office Center, Ste 900 14160 North Dallas Parkway Dallas, Texas 75254 (214) 635-2650 (888) 230-6397 (Fax) (Appellate, Post-trial, and Appellate) Appellant’s Motion to Exceed Word Count Page 2 of 4 MOTION TO ALLOW APPELLANT’S BRIEF TO EXCEED WORD COUNT TO THE HONORABLE COURT OF APPEALS: COMES NOW APPELLANT, NEMER MASSAD, who files this Motion to Allow Appellant’s Brief to Exceed Word Count, and respectfully shows the following: 1. Concurrently with this Motion, Appellant filed his Motion for Rehearing. 2. Appellant’s Motion for Rehearing is approximately 6,850 words, excluding the parts of the brief expemted by Tex. R. App. P. 9.1(i)(2)(D). A motion for rehearing may typically not exceed 4,500 words. 3. It order to adequately address the Court’s original holding and the Appellee’s Brief, it was necessary to exceed the word count as stated. 4. Appellant respectfully requests the Court to accept the Motion for Rehearing. WHEREFORE, PREMISES CONSIDERED, Appellant prays this Court grant his Motion to Allow Appellant’s Brief to Exceed Word Count. Respectfully submitted, By: /s/ James Minerve ____________________________ James Minerve State Bar No. 24008692 115 Saddle Blanket Trail Appellant’s Motion to Exceed Word Count Page 3 of 4 Buda, Texas 78610 (210) 336-5867 (888) 230-6397 (Fax) Attorney for Appellant, Nemer Maasaad CERTIFICATE OF CONFERENCE On March 19, 2015, the undersigned counsel for Appellant attempted to communicate with counsel for Appellee, Mark Cronenwett, concerning the foregoing Motion. Mr. Cronenwett did not respond to Appellant’s communications. /s/ James Minerve ______________________________ James Minerve CERTIFICATE OF SERVICE I hereby certify that on this 19th day of March a true and correct copy of the above and foregoing document was sent via Efile.txcourts.gov electronic filing notification system and via facsimile transmittal to the parties of record listed below: Philip Danaher Mark D. Cronwett Mackie Wolf Zientz & Mann, PC 14160 North Dallas Parkway Parkway Office Center, Suite 900 Dallas, Texas 75254 FAX: 888-230-6397 /s/ James Minerve ______________________________ James Minerve Appellant’s Motion to Exceed Word Count Page 4 of 4