ACCEPTED
12-14-00007-CV
TWELFTH COURT OF APPEALS
TYLER, TEXAS
3/10/2015 10:55:48 AM
CATHY LUSK
CLERK
No. 12-14-00007-CV
FILED IN
12th COURT OF APPEALS
TYLER, TEXAS
In the Court of Appeals 3/10/2015 10:55:48 AM
for the CATHY S. LUSK
Clerk
Twelfth District of Texas
Tyler, Texas
REX SMITH
Appellant
v.
KELLY DAVIS AND AMBER DAVIS
Appellees
Appealed from the 294th Judicial District Court
Van Zandt County, Texas
APPELLANT’S MOTION TO EXTEND REHEARING
RESPONSE DEADLINE
Jeffrey C. Irion
Texas Bar No. 10413500
240 S. Old Gun Barrel Lane
P. O. Box 5027
Gun Barrel City, Texas 75147
Telephone: 903-887-4050
Facsimile: 866-422-8403
jirionattorney@aol.com
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, Rex Smith, asks the Court to extend the rehearing response deadline by 14
days to and including March 30, 2015.
1.
Information Required By Rule 10.5,
Tex. R. App. P.
The following information supports this request.
(i) Appellant’s rehearing response deadline is currently due to be filed on March 16,
2015.
(ii) Appellant asks that the deadline for filing his rehearing response be extended by
an additional 14 days to and including Monday, March 30, 2015.
2.
Facts Explaining the Need to Extend
Rehearing Response Deadline
Counsel is unable to prepare an adequate rehearing response and obtain the necessary
client approval by the current due date, because of the following reasons: Greg Smith’s available
time between now and March 23 is reserved for preparation and filing of the Respondents’
Merits Brief in the Texas Supreme Court, in No. 13-0986, Helfand v. Southwestern Energy Production
Company, defending this Court’s decision. The March 23 deadline in the Helfand appeal is not
extendable.
3.
This motion is not sought solely for delay, but in the interest of justice and to ensure that
the Appellant’s response to Appellees’ Motion for Rehearing sufficiently aids the Court’s
decisional process.
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4.
Appellees oppose this request.
Conclusion and Prayer
Appellant, Rex Smith, prays that the Court would extend the rehearing response deadline
by 14 additional days, to and including March 30, 2015.
Respectfully submitted,
Jeffrey C. Irion
Texas Bar No. 10413500
240 S. Old Gun Barrel Lane
P. O. Box 5027
Gun Barrel City, Texas 75147
Telephone: 903-887-4050
Facsimile: 866-422-8403
jirionattorney@aol.com
/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,
REX SMITH
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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 10th day of March, 2015, on the following:
Via email
S. Gary Werley, Attorney
1840 Acton Highway
Granbury, Texas 76049
sgwerley@werleylaw.com
/s/ Greg Smith
Greg Smith
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