ACCEPTED
12-14-00288-CV
TWELFTH COURT OF APPEALS
TYLER, TEXAS
2/9/2015 2:17:53 PM
CATHY LUSK
CLERK
No. 12-14-00288-CV
FILED IN
In the Twelfth Court of Appeals 12th COURT OF APPEALS
TYLER, TEXAS
Tyler, Texas 2/9/2015 2:17:53 PM
CATHY S. LUSK
Clerk
J. MARK SWINNEA
Appellant
v.
ERI CONSULTING ENGINEERS, INC.
AND LARRY SNODGRASS
Appellees
Appealed from the 114th Judicial District Court
Smith County, Texas
UNOPPOSED MOTION TO EXTEND TIME
TO FILE APPELLANT’S BRIEF
Greg Smith
Texas Bar No. 18600600
RAMEY & FLOCK, P.C.
100 E. Ferguson, Suite 500
Tyler, Texas 75702
Telephone: 903-597-3301
Facsimile: 903-597-2413
ATTORNEYS FOR APPELLANT
TO THE HONORABLE COURT OF APPEALS:
Appellant, J. Mark Swinnea, asks the Court to extend the time for filing his
appellant’s brief by 30 days to and including Wednesday, March 11, 2015.
1.
Information Required by Rule 10.5,
Tex. R. App. P.
The following information supports this request.
(i) Appellant’s brief is currently due to be filed February 9, 2015.
(ii) Appellant requests that the deadline for filing his brief be extended by 30
days to and including Wednesday, March 11, 2015.
(iii) This is Appellant’s first request to extend the briefing deadline.
2.
Facts Explaining the Need to
Extend the Briefing Deadline
Counsel is unable to complete the appellant’s brief and secure the necessary
client review and approval by the current deadline. Besides work on this brief,
Greg Smith, lead counsel on appeal, has been and will be required to divide his
available briefing time among the following matters:
(i) No. 13-0986, Southwestern Energy Production Company vs. Toby Berry-Helfand and
Gery Muncey, In the Supreme Court of Texas (brief on merits);
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(ii) No. 12-0517, Harleton Oil & Gas, Inc. v. Frank M. Bufkin, III, et al., In the 71st
District Court of Harrison County, Texas (summary judgment filing);
(iii) No. 13-3138-A, Donald Lopez, et al. v. BMB Transportation, et al., In the 7th
District Court of Smith County, Texas (summary judgment and Daubert/Robinson
filings); and
(iv) No. 5:14-cv-82-MHS, Margie Campbell v. Bienville Holdings, Ltd., d/b/a At
Home Healthcare, et al., In the United States District Court for the Eastern
District of Texas, Texarkana Division (summary judgment filing).
3.
This motion is not sought solely for delay, but in the interest of justice and
to ensure that Appellant’s brief sufficiently aids the Court’s decisional process.
4.
Conference with Opposing Counsel
Deborah Race, appellate counsel for Appellees, states that the relief
requested in this motion is unopposed.
5.
Conclusion and Prayer
Appellant, J. Mark Swinnea, prays that the Court would extend the time for
filing his appellant’s brief by 30 days to and including Wednesday, March 11, 2015.
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Respectfully submitted,
/s/ Greg Smith
Greg Smith
State Bar No. 18600600
RAMEY & FLOCK, P.C.
100 East Ferguson, Suite 500
Tyler, TX 75702
Telephone: (903) 597-3301
Facsimile: (903) 597-2413
gsmith@rameyflock.com
COUNSEL FOR APPELLANT,
J. MARK SWINNEA
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Certificate of Service
The undersigned certifies that a copy of the above and foregoing document was served
upon counsel for Appellees in accordance with the applicable Texas Rules of Civil Procedure on
this the 9th day of February, 2015, on the following:
Via email drace@icklaw.com
Deborah Race
Ireland, Carroll & Kelley, P.C.
6101 S. Broadway, Suite 500
Tyler, TX 75703
Via email mahatchell@lockelord.com
Mike A. Hatchell
Locke Lord, LLP
100 Congress Avenue, Suite 300
Austin, TX 78701
Via email randerson@gillenanderson.com
Roger W. Anderson
Gillen & Anderson
613 Shelley Park Plaza
Tyler, TX 75701
/s/ Greg Smith
Greg Smith
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