                                                                              ACCEPTED
                                                                          03-14-00820-CV
                                                                                  5443912
                                                               THIRD COURT OF APPEALS
                                                                          AUSTIN, TEXAS
                                                                     5/28/2015 1:08:39 AM
                                                                        JEFFREY D. KYLE
                                                                                   CLERK

                        No. 03-14-00820-CV
__________________________________________________________________
                                                         FILED IN
                                                  3rd COURT OF APPEALS
          IN THE THIRD COURT OF APPEALS OF TEXAS      AUSTIN, TEXAS
                                                  5/28/2015 1:08:39 AM
__________________________________________________________________
                                                    JEFFREY D. KYLE
                                                          Clerk
                            EUE J. JEONG,

                              Appellant,

                                  v.

                     TEXAS GREENOVATION, LLC,

                              Appellee.
__________________________________________________________________

    ON APPEAL FROM THE COUNTY COURT AT LAW, TRAVIS COUNTY, TEXAS
               TRIAL COURT CAUSE NO. C-1-CV-14-008244
__________________________________________________________________

APPELLEE’S RESPONSE TO MOTION TO EXTEND TIME FOR FILING
                       APPELLANT’S BRIEF
__________________________________________________________________

                                       Dr. J. Hyde
                                       Texas Bar No. 24027083
                                       THE J. HYDE LAW OFFICE, PLLC
                                       111 E. 17th Street #12015
                                       Austin, TX 78711
                                       Telephone: (512) 200-4080
                                       Fax: (512) 582-8295
                                       E-mail: jhyde@jhydelaw.com

                                       Counsel for Appellee
                        No. 03-14-00820-CV
__________________________________________________________________

          IN THE THIRD COURT OF APPEALS OF TEXAS
__________________________________________________________________

                                   EUE J. JEONG,

                                     Appellant,

                                         v.

                          TEXAS GREENOVATION, LLC,

                              Appellee.
__________________________________________________________________

    ON APPEAL FROM THE COUNTY COURT AT LAW, TRAVIS COUNTY, TEXAS
               TRIAL COURT CAUSE NO. C-1-CV-14-008244
__________________________________________________________________

APPELLEE’S RESPONSE TO MOTION TO EXTEND TIME FOR FILING
                       APPELLANT’S BRIEF
__________________________________________________________________

TO THE HONORABLE THIRD COURT OF APPEALS:

      Appellee Texas Greenovation, LLC, by and through undersigned counsel,

respectfully responds in opposition to Appellant Eue J. Jeong’s Motion to Extend

Time to File Appellant’s Brief, and in support thereof states as follows:

      1.     This straightforward case involves the appeal of a final judgment in a

forcible detainer action granting Texas Greenovation immediate possession of real




                                          2
property following Texas Greenovation’s purchase of the property at a foreclosure

sale.1

         2.    After Appellant Jeong failed to make arrangements for a reporter’s

record to be prepared and filed despite a notice from the Court, the Court set a

deadline of 30 April 2015 for Jeong to file his brief. Ignoring that deadline, Jeong

waited until the Court sent him a notice of late brief to file the underlying motion

for extension on 20 May 2015.

         3.    Without explaining the delay to date, Jeong now seeks an additional

110 days to file his brief, vaguely asserting that he will be traveling due to family

matters. He notably gives no further details.

         4.    Jeong also contends that the issues in the appeal are “complex” and

references another pending case involving JPMorgan Chase Bank. To the contrary,

the issues are simple and well settled. Jeong, the former owner of foreclosed

property, has brought suit challenging the foreclosure and is attempting to use the

issues raised in that suit to challenge the underlying eviction. (See CR 68-77). But

the foreclosure challenges in the title suit are irrelevant to and have no effect on

Texas Greenovation’s right to possession of the property, which is the only issue in

1
  There are two separate appeals from the same underlying judgment docketed in this Court: the
underlying appeal, docketed as Cause No. 03-14-00820-CV, and another appeal docketed as
Cause No. 03-14-00715-CV. The clerk’s records in the two appeals are also identical. It appears
that the reason for the two appeals in this Court is that Jeong filed two notices of appeal of the
same judgment in the trial court, although only one of those notices is in the clerk’s record. (CR
132).

                                                3
this forcible detainer action. E.g., Wilder v. Citicorp Trust Bank, F.S.B., No. 03-

13-00324-CV, 2014 WL 1207979 (Tex. App.—Austin Mar. 18, 2014, pet. dism’d

w.o.j.) (mem. op.) (noting that this Court “has consistently held that defects in the

foreclosure process cannot be used either to negate a landlord-tenant relationship

provision in a deed of trust or to raise a question of title depriving the justice or

county courts of jurisdiction to resolve the question of immediate possession”).

      5.     Finally, Jeong’s assertion in his motion for extension that undersigned

counsel does not oppose the motion is false.         Jeong texted the undersigned

regarding the relief requested in the motion, and the undersigned texted Jeong that

he opposed the motion.

      6.     Jeong’s request for any extension of time, but particularly the lengthy

110-day extension he seeks, is unsupported. To date, Jeong has shown no interest

in complying with deadlines and should not be rewarded with additional time.

Jeong’s request is also futile because his appeal is frivolous under well-settled law

in this area. Finally, Jeong misrepresented the unopposed nature of the motion.



      WHEREFORE, Texas Greenovation respectfully requests that the Court

DENY Appellant’s Motion to Extend Time for Filing Appellant’s Brief.




                                         4
                                           Respectfully Submitted,


                                           /s/ J. Hyde
                                           ______________________________
                                           Dr. J. Hyde
                                           State Bar No. 24027083
                                           THE J. HYDE LAW OFFICE, PLLC
                                           111 E. 17th Street #12015
                                           Austin, Texas 78711
                                           Phone: (512) 200-4080
                                           Fax: (512) 582-8295
                                           E-mail: jhyde@jhydelaw.com

                                           Attorney for Appellee



                        CERTIFICATE OF SERVICE

      I hereby certify that, pursuant to Texas Rule of Appellate Procedure 9.5, a
copy of Appellee’s Response to Motion to Extend Time for Filing Appellant’s
Brief was served on this 28th day of May, 2015, via email, upon the following:

Eue J. Jeong
2900 Sunridge Dr. #713
Austin, TX 78741
Email: Ejeong1@gmail.com


                                           /s/ J. Hyde
                                           ______________________________
                                           Dr. J. Hyde




                                       5
        EXHIBIT 1
Text Messages Between Eue Jeong
          and J. Hyde
!
