ACCEPTED
12-15-00047-CV
TWELFTH COURT OF APPEALS
TYLER, TEXAS
9/14/2015 4:50:46 PM
Pam Estes
CLERK
No. 12-15-00047-CV
FILED IN
12th COURT OF APPEALS
IN THE COURT OF APPEALS TYLER, TEXAS
FOR THE TWELFTH JUDICIAL DISTRICT OF9/14/2015
TEXAS4:50:46 PM
TYLER, TEXAS PAM ESTES
Clerk
MARK J. HEALEY
APPELLANT
V.
EDWIN N. HEALEY
APPELLEE
Appeal from the 3rd Judicial District Court
Henderson County, Texas;
Cause No. 2014C-0638, the Honorable Mark Calhoon, Presiding
AGREED MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF
TO THE HONORABLE TWELFTH COURT OF APPEALS:
Appellee Edwin N. Healey files this Agreed Motion to Extend Time to File
Appellee’s Brief.
I. Introduction
1. Appellant is Mark J. Healey. Appellee is Edwin N. Healey.
2. No rule limits the time within which to file this motion to extend. See
TEX. R. APP. P. 38.6(d).
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II. Arguments and Authorities
3. This Court may extend the time to file an Appellee’s Brief under the
authority of Texas Rule of Appellate Procedure 38.6(d).
4. Appellee’s Brief is due on September 21, 2015.
5. Appellee’s appellate counsel electronically filed a request for a copy
of the Clerk’s and Reporter’s record on September 3, 2015, and has yet to receive
those records.
6. Appellant and Appellee are currently conducting settlement
negotiations, which the agreed upon extension requested herein would benefit.
7. Appellee requests an extension of sixty (60) days from the date that
his Appellee’s Brief is due so that he may submit a narrowly tailored brief that
assists this Court with the resolution of this Appeal, and also to give the parties
more time to continue settlement negotiations. If this Motion is granted, the due
date for the Appellee’s Brief would be Friday, November 20, 2015.
8. Appellee has not filed any previous motions to extend time in this
matter. Appellant was granted a sixty (60) day extension to his deadline for filing
Appellant’s Brief, the same amount of time for which Appellee is asking. This
motion is filed for good cause, in the interest of judicial economy, and is not filed
solely for delay.
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III. Conclusion
Accordingly, Appellee requests that this Court grant this Motion to Extend
Time to File Appellee’s Brief, enter an order extending the due date for Appellee’s
Brief from September 21, 2015 to November 20, 2015, and award any and all other
relief to which he is entitled in either law or equity.
Respectfully submitted,
LOVELACE KILLEN, P.L.L.C.
By: /s/ Koy R. Killen
Koy R. Killen
Texas Bar No. 24032628
kkillen@lovelacekillen.com
Clinton W. Dennis
Texas Bar No. 24074130
cdennis@lovelacekillen.com
104 South Main Street
Burleson, Texas 76028
Tel. (817) 447-0053
Fax. (817) 447-0052
ATTORNEYS FOR APPELLEE
EDWIN N. HEALEY
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CERTIFICATE OF CONFERENCE
I, the undersigned, do hereby certify that on September 14, 2015, counsel for
Appellee conferred with counsel for Appellant regarding the merits of this Motion,
and Appellant agreed to the relief requested herein.
/s/ Koy R. Killen
Koy R. Killen
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document has
been served upon the following counsel of record, via electronic service on
September 14, 2015.
Steve Stark Via Electronic Service
Stark & Groom, LLP
110 East Corsicana Street
Athens, Texas 75751
Attorney for Appellant
/s/ Koy R. Killen
Koy R. Killen
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