ACCEPTED
12-14-00134-CV
TWELFTH COURT OF APPEALS
TYLER, TEXAS
1/12/2015 4:00:36 PM
CATHY LUSK
CLERK
CAUSE NO. 12-14-00134-CV
IN THE FILED IN
12th COURT OF APPEALS
COURT OF APPEALS TYLER, TEXAS
TWELFTH COURT OF APPEALS 1/12/2015 4:00:36 PM
TYLER, TEXAS CATHY S. LUSK
Clerk
AMERICAN IDOL, GENERAL, LP d/b/a The REO, AND
RANDY HANSON a/k/a RANDALL HANSON,
Appellants
V.
PITHER PLUMBING CO., INC.,
Appellee
__________________________________________________
On Appeal from Cause No. 2012-1842-A
in the 188th Judicial District Court in Gregg County, Texas
The Honorable David Brabham, Presiding Judge
__________________________________________________
APPELLEE’S AGREED MOTION TO EXTEND
TIME TO FILE BRIEF
COMES NOW, PITHER PLUMBING CO., INC., Appellee in the above-
entitled and numbered appeal and, pursuant to Rule 10.5 (b) and Rule 38.6 of the
Texas Rules of Appellate Procedure, files the following Agreed Motion to Extend
Time to File Brief and in support thereof would respectfully show the Court the
following:
I.
This is an appeal from a summary judgment in a breach of contract case.
Pursuant to Rule 10.5 of the Texas Rules of Appellate Procedure, Appellee states
the following:
1. The Current deadline for filing Appellee’s Brief is January 15, 2015;
2. Appellee seeks a thirty (30) day extension of the filing deadline to and
including February 16, 2015; and
3. This is Appellee’s first request for an extension of time.
II.
Appellee relies on the following facts to reasonably explain its need for this
extension of time:
1. On December 16, 2014, Appellee received notice that the Court
reinstated this appeal and that Appellee’s brief was due January 15,
2015;
2. Appellee’s counsel has been performing legitimate business in other
cases since December 16, 2014;
3. Appellee’s counsel is currently preparing for trial in Rusk County,
Texas; and
_____________________________________________________________________________________________
APPELLEE’S AGREED MOTION TO EXTEND TIME TO
FILE BRIEF PAGE 2
4. Appellee’s counsel has not had sufficient time to review the record
and complete the legal research and briefing necessary to properly
present this appeal to the Court.
III.
This request for an extension of time to file Appellee’s Brief is not sought
solely for the purposes of delay, but so that justice may be done. The granting of
this request will allow counsel for Appellee to fully research and brief the issues
before the Court and will facilitate the Court’s efficient and just disposition of this
matter, thus resulting in judicial economy and conservation of the Court’s
resources and time.
WHEREFORE, PREMISES CONSIDERED, Appellee, Pither Plumbing
Co., Inc., respectfully requests the court to extend the time for filing Appellee’s
Brief to and including February 16, 2015, and for such other and further relief to
which Appellee is justly entitled.
_____________________________________________________________________________________________
APPELLEE’S AGREED MOTION TO EXTEND TIME TO
FILE BRIEF PAGE 3
Respectfully submitted,
/s/ Brett F. Miller
T. JOHN WARD, Jr.
State Bar No. 00794818
jw@wsfirm.com
CLAIRE ABERNATHY HENRY
State Bar No. 24053063
claire@wsfirm.com
Brett F. Miller
State Bar No. 24065750
bmiller@wsfirm.com
WARD & SMITH LAW FIRM
P. O. Box 1231
Longview, Texas 75606-1231
(903)757-6400 (Telephone)
(903)757-2323 (Facsimile)
ATTORNEYS FOR APPELLEE
CERTIFICATE OF CONFERENCE
I hereby certified that I contacted counsel for Appellant, Ken W. Good, and
he agrees to this motion.
/s/ Brett F. Miller
Brett F. Miller
_____________________________________________________________________________________________
APPELLEE’S AGREED MOTION TO EXTEND TIME TO
FILE BRIEF PAGE 4
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was filed
electronically. This document was served on all counsel who are deemed to have
consented to electronic service. Local Rule 3(c). Pursuant to TEX. R. APP. P.
9.5(b) and Local Rule 3(c)(2), all other counsel of record not deemed to have
consented to electronic service were served with a true and correct copy of the
foregoing by email, facsimile, or certified mail on this the 12th day of
January, 2015.
/s/ Brett F. Miller
Brett F. Miller
_____________________________________________________________________________________________
APPELLEE’S AGREED MOTION TO EXTEND TIME TO
FILE BRIEF PAGE 5