David Tubb and Superior Shooting System, Inc., Appellants/Cross-Appellees v. Aspect International, Inc. and James Sterling, Appellees/Cross-Appellants

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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); 2 (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. 3 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 4 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 5