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

ACCEPTED
12-14-00323-CV
TWELFTH COURT OF APPEALS
TYLER, TEXAS
4/8/2015 2:49:55 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 4/8/2015 2:49:55 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 SECOND 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

Friday, May 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 April 8, 2015.

(ii) Appellants request that the deadline for filing their brief be extended by 30

days to and including Friday, May 8, 2015.

(iii) This is Appellants’ second 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 (reply brief on merits);

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(ii) 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.

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 Friday, May 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
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 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

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:

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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