J. Mark Swinnea v. ERI Consulting Engineers, Inc. and Larry Snodgrass

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ACCEPTED 12-14-00288-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 4/8/2015 2:27:06 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 4/8/2015 2:27:06 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 THIRD 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 gsmith@rameyflock.com ATTORNEY 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 32 days to and including Monday, May 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 April 9, 2015. (ii) Appellant requests that the deadline for filing his brief be extended by 32 days to and including Monday, May 11, 2015. (iii) This is Appellant’s third 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 (reply brief on merits); and 2 (ii) No. 12-14-00323-CV, David Tubb and Superior Shooting System, Inc. v. Aspect International, Inc. and James Sterling, 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 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 32 days to and including Monday, May 11, 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 COUNSEL FOR APPELLANT, J. MARK SWINNEA 3 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 8th day of April, 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 4