ACCEPTED
06-15-00037-CV
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
10/26/2015 2:00:50 PM
DEBBIE AUTREY
CLERK
NO. 06-15-00037-CV
FILED IN
IN THE COURT OF APPEALS FOR THE 6th COURT OF APPEALS
TEXARKANA, TEXAS
SIXTH DISTRICT OF TEXAS 10/26/2015 2:00:50 PM
AT TEXARKANA DEBBIE AUTREY
Clerk
MICHAEL D. LEE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . APPELLANT
V.
THE ROGERS AGENCY, C. MICHAEL ROGERS
& NEW YORK LIFE INS. CO.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . APPELLEES
SECOND MOTION TO EXTEND TIME
FOR FILING BRIEF OF APPELLANT
TO THE HONORABLE COURT OF APPEALS:
MICHAEL D. LEE, Appellant, files this motion requesting an extension of
time to file his Brief of Appellant, and would show unto the Court the following:
I.
This is Appellant’s second request for an extension of time in which to file his
brief. Appellant’s brief is due to be filed on October 26, 2015.
I.
Counsel for Appellant has begun preparation of Appellant’s brief, however,
due to other commitments counsel has been unable to complete research and finalize
the brief in this case by the due date. Those commitments include:
1. Serving as court-order mediator in Elizabeth Asbel v. REG New
Boston, LLC and Robert Taylor, No. 5:14-cv-152 In the United
States District Court Eastern District of Texas, Texarkana
Division;
2. Serving as mediator in Joanna Hurd v. Penny Smith, Cause No.
12C0656-005 in the District Court of Bowie County, Texas;
3. Serving as mediator in Eddie Ray Shuffield and wife, Chestene
Shuffield v. Thomas Bui and wife, Mary Bui, Individually; and
Thomas Bui & Sons, Inc., No. 46-CV-15-71-1 in the Circuit
Court of Miller County, Arkansas;
4. Assisting in preparation of the Brief of Appellant in Burlington
Resources Oil & Gas Company, LP v. Petromax Operating
Company, Inc., Woodbine Acquisition, LLC n/k/a MD America
Energy, LLC, Petrotexas, LLC, CH4 Energy II, LLC, and Texcal
Energy South Texas, LP, No. 06-15-00044-CV in this Court; and
5. Attendance at the 19th Annual Eastern District of Texas 2015
Bench Bar Conference.
III.
Therefore, Appellant would request an extension of fourteen(14) days in which
to file his brief. The requested extension should not in the ordinary course of
procedure in this court delay oral argument and submission and is not requested for
delay but that justice be served.
WHEREFORE, PREMISES CONSIDERED, Appellant, MICHAEL D. LEE,
prays that the time for filing his appellate brief be extended fourteen (14) days until
November 9, 2015.
Second Motion to Extend Time for Filing Brief of Appellant – Page 2
Respectfully submitted,
/s/ John R. Mercy
John R. Mercy
Texas State Bar No. 13947200
MERCY p CARTER p TIDWELL, L.L.P.
1724 Galleria Oaks Drive
Texarkana, TX 75503
Telephone: (903) 794-9419
Facsimile: (903) 794-1268
E-mail: jmercy@texarkanalawyers.com
James A. Holmes
Texas State Bar No. 00784290
THE LAW OFFICE OF JAMES HOLMES, PC
212 South Marshall
Henderson, TX 75654
Telephone: (903) 657-2800
Facsimile: (903) 657-2855
Email: jh@JamesHolmesLaw.com
ATTORNEYS FOR APPELLANT
CERTIFICATE OF CONFERENCE
I have contacted Andrew Jubinsky, Attorney for Appellee, New York Life
Insurance Company, regarding the relief sought by this motion and he has no
objection to the motion. I attempted to contact LaToyia Pierce, Attorney for
Appellees, The Rogers Agency and C. Michael Rogers, but have been unable to reach
her and, therefore, do not know her position.
/s/ John R. Mercy
John R. Mercy
Second Motion to Extend Time for Filing Brief of Appellant – Page 3
CERTIFICATE OF SERVICE
I hereby certify that on October 26, 2015, a true and correct copy of the
foregoing Second Motion to Extend Time for Filing Brief of Appellant was served on
all counsel of record for Appellees by the Electronic Service Provider as follows:
Ms. LaToyia Pierce
WILSON, ELSER, MOSKOWITZ,
EDLEMAN & DICKER LLP
4800 Bank of America Plaza
901 Main Street
Dallas, TX 75202
Email: latoyia.pierce@wilsonelser.com
Mr. Andrew Jubinsky
FIGARI & DAVENPORT, LLP
3400 Bank of America Plaza
901 Main Street
Dallas, TX 75202
Email: andy.jubinsky@figdav.com
/s/ John R. Mercy
John R. Mercy
Second Motion to Extend Time for Filing Brief of Appellant – Page 4