ACCEPTED
12-14-00323-CV
TWELFTH COURT OF APPEALS
TYLER, TEXAS
3/6/2015 2:47:28 PM
CATHY LUSK
CLERK
No. 12-14-00323-CV
FILED IN
In the Twelfth Court of Appeals 12th COURT OF APPEALS
TYLER, TEXAS
Tyler, Texas 3/6/2015 2:47:28 PM
CATHY S. LUSK
Clerk
DAVID TUBB AND SUPERIOR SHOOTING
SYSTEM, INC.
Appellants
v.
ASPECT INTERNATIONA, INC. AND
JAMES STERLING
Appellees
Appealed from the 7th Judicial District Court
Smith County, Texas
UNOPPOSED MOTION TO EXTEND TIME
TO FILE APPELLANTS’ BRIEF
Wesley Hill Greg Smith
Texas Bar No. 24032294 Texas Bar No. 18600600
Ward & Smith Law Firm RAMEY & FLOCK, P.C.
P. O. Box 1231 100 E. Ferguson, Suite 500
Longview, Texas 75606 Tyler, Texas 75702
Telephone: 903-757-6400 Telephone: 903-597-3301
Facsimile: 903-757-2323 Facsimile: 903-597-2413
wh@wsfirm.com gsmith@rameyflock.com
ATTORNEYS FOR APPELLANTS
TO THE HONORABLE COURT OF APPEALS:
Appellants, David Tubb and Superior Shooting System, Inc., ask the Court
to extend the time for filing their appellants’ brief by 30 days to and including
Wednesday, April 8, 2015.
1.
Information Required by Rule 10.5,
Tex. R. App. P.
The following information supports this request.
(i) Appellants’ brief is currently due to be filed March 9, 2015.
(ii) Appellants request that the deadline for filing their brief be extended by 30
days to and including Wednesday, April 8, 2015.
(iii) This is Appellants’ first request to extend the briefing deadline.
2.
Facts Explaining the Need to
Extend the Briefing Deadline
Counsel is unable to complete the appellants’ 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. 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);
(iii) 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); and
(iv) No. 12-14-00288-CV, J. Mark Swinnea v. ERI Consulting Engineers, Inc. and
Larry Snodgrass, In the Twelfth Court of Appeals, Tyler, Texas (appellant’s
brief).
3.
This motion is not sought solely for delay, but in the interest of justice and
to ensure that Appellants’ brief sufficiently aids the Court’s decisional process.
4.
Conference with Opposing Counsel
Keith Dollahite, counsel for Appellees, states that the relief requested in this
motion is unopposed.
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5.
Conclusion and Prayer
Appellants, David Tubb and Superior Shooting System, Inc., pray that the
Court would extend the time for filing their appellants’ brief by 30 days to and
including Wednesday, April 8, 2015.
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
Wesley Hill
State Bar No. 24032294
WARD & SMITH LAW FIRM
P. O. Box 1231
Longview, TX 75606
Telephone: (903) 757-6400
Facsimile: (903) 757-2323
wh@wsfirm.com
COUNSEL FOR APPELLANTS
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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 6th day of March, 2015, on the following:
keith@mkdlaw.us
Keith Dollahite
M. Keith Dollahite, P.C.
5457 Donnybrook Ave.
Tyler, Texas 75703
trey@yw-lawfirm.com
Trey Yarbrough
Yarbrough Wilcox, PLLC
100 E. Ferguson, Suite 1015
Tyler, Texas 75702
/s/ Greg Smith
Greg Smith
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