ACCEPTED
06-14-00036-CV
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
2/2/2015 11:42:52 AM
DEBBIE AUTREY
CLERK
APPELLATE CASE NO. 06-14-00036-CV
FRANK KEATHLEY, INDIVIDUALLY IN THE COURT OF APPEALS
FILED IN
AND DOING BUSINESS AS TOP SHELF 6th COURT OF APPEALS
ANTIQUES, APPELLANT TEXARKANA, TEXAS
2/2/2015 11:42:52 AM
V. FOR THE SIXTH DISTRICT
DEBBIE AUTREY
Clerk
J.J. INVESTMENT COMPANY, LTD.,
ET AL AND CORBITT BAKER,
APPELLANTS TEXARKANA, TEXAS
SECOND MOTION TO EXTEND TIME FOR FILING
APPELLANT'S BRIEF
TO THE HONORABLE COURT OF APPEALS:
Frank Keathley, individually and doing business as Top Shelf Antiques, appellant,
moves this Court to grant him an extension of time to file Appellant's Brief and
respectfully states as follows:
1. This appeal is from post-judgment orders entered by the trial court in
Cause No. 10,072 pending in the 62nd Judicial District Court of Franklin County, Texas,
signed March 25, 2014. All matters pending in the trial court were stayed by Appellant's
bankruptcy until this appeal was reinstated by order of this Court dated October 15, 2014
following Appellant's discharge in bankruptcy.
2. The Appellant's Brief for Frank Keathley was originally due January 15,
2015. The filing date was previously extended to today, February 2, 2015. This motion
is filed as a request for extension of the filing date for an additional ten days until
February 12, 2015. If granted, the filing date for Appellant's brief will have been
extended for a total of 28 days total.
3. For good cause shown, Frank Keathley files this motion seeking a ten-day
extension for filing his Appellant's Brief from February 2, 2015 to February 12, 2015.
Appellant's Second Motion to Extend Time for Filing Appellant's Brief 1
This motion for extension of time is not filed solely for the purposes of delay of these
proceedings, but is filed because Appellant's counsel underestimated the time required to
research and address the points of error relevant to this appeal in making the original
request for only an eighteen day extension. Appellant's counsel currently has two
responses to petitions for review that are or will be pending in the Supreme Court and one
additional case pending for appeal to the Court of Appeals that have also required
research hours for preparation or in response for filing. On last Thursday, Mr. Keathley
advised the undersigned counsel of the death of his Mother and requested legal assistance
with respect to the death, the funeral and the related estate issues, which have resulted in
a loss of time that would otherwise have been devoted to completing the brief by the
filing date.
4. This is the appellant's second motion for an extension of time to file
appellant's brief.
5. Appellant's counsel personally conferred with counsel for each appellee
and none oppose this additional ten-day extension.
WHEREFORE, Frank Keathley, appellant, moves the Court to consider his
motion and to grant him an extension of the time for filing his Appellant's Brief from
February 2, 2015 to no later than February 12, 2015, or such other time as the Court may
deem appropriate.
Appellant's Second Motion to Extend Time for Filing Appellant's Brief 2
Respectfully submitted this 2nd day of February, 2015.
/s/ Larry R. Wright
Larry R. Wright
State Bar No. 22048000
P.O. Box 144
406 South Main Street
Winnsboro, Texas 75494
Telephone 903-342-1089
Fax 903-342-1088
E-mail lawyerwright@msn.com
CERTIFICATE OF CONFERENCE
This is to certify that counsel for appellant conferred with counsel of record for
each appellee and none opposed the motion for an additional extension.
Signed this 2nd day of February, 2015.
/s/ Larry R. Wright
Larry R. Wright
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing has been this day served on each
attorney of record, as follows:
Travis P. Clardy
Clardy Law Office
209 E. Main St.
Nacogdoches, TX 75961
By fax to 936-564-2507
Larry Blount
Powers & Blount, LLP
PO Box 877
Sulphur Springs, TX 75483
By fax to 903-885-1199
Appellant's Second Motion to Extend Time for Filing Appellant's Brief 3
Gene Stump
PO Box 606
Mount Vernon, TX 75456
By fax to 903-588-2272
Signed this 2nd day of February, 2015.
/s/ Larry R. Wright
Larry R. Wright
Appellant's Second Motion to Extend Time for Filing Appellant's Brief 4