ACCEPTED
12-14-00288-CV
TWELFTH COURT OF APPEALS
TYLER, TEXAS
8/25/2015 10:43:49 AM
CATHY LUSK
CLERK
No. 12-14-00288-CV
FILED IN
In the Twelfth Court of Appeals 12th COURT OF APPEALS
TYLER, TEXAS
Tyler, Texas 8/25/2015 10:43:49 AM
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 MOTION TO EXTEND
TIME TO FILE REPLY 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
reply brief by 30 days, to and including Friday, September 25, 2015.
1.
Information Required by Rule 10.5,
Tex. R. App. P.
The following information supports this request.
(i) The reply brief is currently due to be filed August 26, 2015.
(ii) Swinnea requests that the reply-brief deadline be extended by 30 days to and
including Friday, September 25, 2015.
(iii) This is Swinnea’s first request to extend this deadline.
2.
Facts Explaining the Need to
Extend the Briefing Deadline
Counsel is unable to complete the reply 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) a prepaid vacation, from August 1 through August 13, 2015;
(ii) No. 12-15-00105-CV; Consolidated Property Interests, LLC vs. Jerry Payne and
Penny Payne, In the Twelfth Court of Appeals, Tyler, Texas (appellant’s brief);
2
(iii) No. 14-15-00354-CV, Petrofac Facilities Management International Limited and
Petrofac Brownfield, Ltd. vs. IMMI Turbines, Inc., In the Fourteenth Court of
Appeals, Houston, Texas (interlocutory appeal); and
(iv) No. 14-0135, Margaret Taylor Riess and Barrett Riess vs. PetroReal, Inc., James E.
Hightower, and Lynn Bryant, In the 3rd District Court of Houston County,
Texas (summary-judgment and Daubert/Robinson filings).
3.
This motion is not sought solely for delay, but in the interest of justice and
to ensure the reply 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 reply brief by 30 days to and including Friday, September 25, 2015.
3
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
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 25th day of August, 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
5