ACCEPTED
12-15-00105-CV
TWELFTH COURT OF APPEALS
TYLER, TEXAS
11/30/2015 1:59:32 PM
Pam Estes
CLERK
No. 12-15-00105-CV
FILED IN
In the Twelfth Court of Appeals 12th COURT OF APPEALS
TYLER, TEXAS
Tyler, Texas 11/30/2015 1:59:32 PM
PAM ESTES
Clerk
Consolidated Property Interests, LLC
Appellant
v.
Jerry Payne and Penny Payne
Appellees
Appealed from the 273rd Judicial District Court
Sabine County, Texas
UNOPPOSED MOTION TO EXTEND
TIME TO FILE APPELLANT’S REPLY BRIEF
Brent L. Watkins Greg Smith
Texas Bar No. 24033312 Texas Bar No. 18600600
SKELTON SLUSHER RAMEY & FLOCK, P.C.
1616 S. Chestnut 100 E. Ferguson, Suite 500
Lufkin, Texas 75902 Tyler, Texas 75702
Telephone: 936-632-2300 Telephone: 903-597-3301
Facsimile: 936-632-6545 Facsimile: 903-597-2413
bwatkins@skeltonslusher.com gsmith@rameyflock.com
ATTORNEYS FOR APPELLANT
TO THE HONORABLE COURT OF APPEALS:
Appellant, Consolidated Property Interests, LLC, asks the Court to extend
the time for filing its reply brief by 21 days, to and including Monday,
December 21, 2015.
1.
Information Required by Rule 10.5,
Tex. R. App. P.
The following information supports this request.
(i) Appellant’s reply brief is currently due to be filed November 30, 2015.
(ii) Appellant requests that the deadline for filing its brief be extended by 21
days, to and including Monday, December 21, 2015.
(iii) This is Appellant’s first request to extend the reply briefing 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:
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(i) 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);
(ii) No. 12-0517, Harleton Oil & Gas, Inc. v. Frank M. Bufkin, III, et al., In
the 71st Judicial District Court of Harrison County, Texas (summary-
judgment);
(iii) No. 12-14-00288-CV, J. Mark Swinnea v. ERI Consulting Engineers, Inc.
and Larry Snodgrass, In the Twelfth Court of Appeals, Tyler, Texas (oral
argument); and
(iv) No. 12-14-00323, David Tubb and Superior Shooting System, Inc. v. Aspect
International, Inc. and James Sterling, In the Twelfth Court of Appeals,
Tyler, Texas (oral argument).
3.
This motion is not sought solely for delay, but in the interest of justice and
to ensure that Appellant’s reply brief sufficiently aids the Court’s decisional
process.
4.
Conference with Opposing Counsel
John Seale, counsel for Appellees, states that the relief requested in this
motion is unopposed.
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5.
Conclusion and Prayer
Appellant, Consolidated Property Interests, LLC, prays that the Court would
extend the time for filing its appellant’s reply brief by 21 days, to and including
Monday, December 21, 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
Brent L. Watkins
State Bar No. 24033312
SKELTON SLUSHER
1616 S. Chestnut
Lufkin, TX 75902
Telephone: (936) 632-2300
Facsimile: (936) 632-6545
bwatkins@skeltonslusher.com
COUNSEL FOR APPELLANT
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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 30th day of November, 2015, on the following:
Efiling – katiemorgan@yahoo.com
John H. Seale
Attorney at Law
P. O. Box 480
Jasper, TX 75951
/s/ Greg Smith
Greg Smith
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