C. Aubrey Smith and James D. Van Deventer v. A.B.S.H., Llc

TRIAL COURT OFFICIAL'S REQUEST FOR EXTENSION OF TIME TO FILE RECORD FILED IN 12th COURT OF APPEALS TYLER, TEXAS Court of Appeals No. (If known): 12 - 15 - 00227 - cv 10/27/2015 12:08:59 PM PAM ESTES Trial Court Style: ABSH, LLC vs. C. AUBREY SMITH,et al Clerk Trial Court & County: 114TH District Court, Smith County, Texas Trial Court No.: 15-1584-15 Date Trial Clerk's Record Originally Due: Date Court Reporter's/Recorder's Record Originally Due: 9-21-15 Anticipated Number of Pages of Record: 100 I am responsible for preparing a record in this appeal but I am unable to file the record by the original due date for the following reason/s: (Check all that apply - attach additional pages if necessary.) o to the best of my knowledge, the Appellant has made no claim of indigence and has failed to either pay the required fee or to make arrangements to pay the fee for preparing the record. o XX my duties listed below preclude working on this record: This started out as an expedited appeal involving two companies suing each other. I received a deposit and letter of intent four days after the appellate process had already began. Although I have diligently tried to complete this, as reflected by my requests for extensions, I find myself in the position of requesting another extension. Sunday, October 25th, my internet and cable went dead. I called the first thing Monday and was told it would be today before anyone could o Other. (Explain.): check on it. So I have been unable to either send or receive anything until today. I would respectfully request you to consider a 5 day extension to finally complete this Statement of Facts. Thank you for any consideration you deem appropriate. for th I anticipate this record will be completed and forwarded to the 12 Court of Appeals by October 31st, 2015 , and I hereby request an additional 5 days within which to prepare it. TEX . R. APP. P. 37.3. In compliance with TEX . R. APP. P. 9.5(e), I certify that a copy of this notice has been served on counsel for all parties to the trial Court's judgment or order being appealed. I further certify by my signature below that the information contained in this notice is true and within my personal knowledge. October 27th, 2015 // Beverly E. Dixon, CSR 1627 Date Signature 214-289-5318 Office Phone Number Printed Name Beverly E. Dixon ___________________________________ tellmelies00@yahoo.com E-mail Address (if available) Official Title Deputy Official Court Reporter Trial Clerk's/Court Reporter's Request for Ext/12th CA-CsL/Tyler/12-3-97/Rev.5-3-2001 T EXAS RULE OF APPELLATE PROCEDURE 9.5(e) reads: Certificate requirements. A certificate of service must be signed by the person who made the service and must state: (1) the date and manner of service; (2) the name and addresses of each person served; and (3) if the person served is a party's attorney, the name of the party represented by that attorney. The following parties have been served with a copy of this document: (Information may be either printed or typed.) Lead Counsel for APPELLANT(S ): Lead Counsel for APPELLEE(S ): Name: Wilson, Robertson & Cornelius, PC Name: Vance E. Hendrix Address: Address: Phone no.: Phone no.: BY FAX: 903 705 7775 Attorney for: Defendants Attorney for: Plaintiffs by email address: mmilam@wilsonlawfirm.com Lead Counsel for APPELLANT(S ): Lead Counsel for APPELLEE(S ): Name: Name: Address: Address: Phone no.: Phone no.: Attorney for: Defendants Attorney for: Additional information, if any: