ACCEPTED
06-15-00013-CV
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
11/19/2015 1:17:41 PM
DEBBIE AUTREY
CLERK
No. 06-15-00013-CV
IN THE FILED IN
6th COURT OF APPEALS
COURT OF APPEALS TEXARKANA, TEXAS
SIXTH DISTRICT OF TEXAS 11/19/2015 1:17:41 PM
TEXARKANA DEBBIE AUTREY
Clerk
C ITY N ATIONAL B ANK OF S ULPHUR S PRINGS,
Appellant
v.
J OHN A LEXANDER S MITH,
Appellee
On appeal from the District Court of Hopkins County, Texas
62nd Judicial District
The Honorable Will Biard Presiding
APPELLEE’S AGREED SECOND MOTION TO
EXTEND TIME TO FILE APPELLEE’S BRIEF
TO THE HONORABLE COURT OF APPEALS:
JOHN ALEXANDER SMITH, Appellee in the above styled and numbered
cause, files this agreed motion for an extension of time to file Appellee’s brief, and
would respectfully show unto the Court the following:
A. Introduction
1. Appellee is JOHN ALEXANDER SMITH.
2. Appellant is CITY NATIONAL BANK OF SULPHUR SPRINGS.
Appellee’s Agreed Second M otion to Extend Time to File Appellee’s Brief Page 1
3. This motion is filed pursuant to Texas Rules of Appellate Procedure 10.5(b)
and 38.6(d), and within the time period permitted by said rules.
4. This motion is agreed.
B. Argument and Authorities
5. The Court may grant Appellee additional time to file his brief under the
authority of Texas Rules of Appellate Procedure 10.5(b) and 38.6(d).
6. The current deadline for Appellee to file his brief is November 30, 2015.
7. Appellee requests an additional 14 days to file his brief, extending the time
until Monday, December 14, 2015.
8. One prior extension of time to file this brief has been granted. This is
Appellee’s second request for an extension
9. Appellee’s undersigned counsel has been working diligently to prepare the
brief and has made substantial progress, but needs additional time to complete and
file the brief because several personal matters and professional commitments have
prevented and will prevent Appellee’s counsel from devoting the time necessary to
complete preparation of the brief by the current deadline. These include:
A. Counsel’s mother fell and broke her hip on November 7, and was
hospitalized for surgery in Waco, Texas. It was necessary for counsel
to travel to Waco and stay with her in the hospital. As a result,
Counsel was out of the office, in Waco, assisting her November 9 -12,
which were days counsel had blocked off to work on the Brief. She
remains hospitalized and additional trips to Waco are anticipated.
Appellee’s Agreed Second M otion to Extend Time to File Appellee’s Brief Page 2
B. Appellee’s undersigned counsel, who is the only attorney handling
this matter, is not an appellate specialist, but is a litigator handling
numerous active case files, including several in particular that have
recently required and are currently requiring substantial time and
effort to prepare for trial. These include: multiple recent out-of-town
depositions and other matters in Cause No. DC-14-13128, Oliver, et.
al. v. Joe Brown Co, et. al., in the 134th Judicial District Court of
Dallas County, Texas; out-of-town hearings and meetings and an
impending hearing in Sherman, Texas, in Cause No. CV-15-1281,
Larkin v. Towery, in the 15th Judicial District Court of Grayson
County, Texas; ongoing voluminous research and briefing in
connection with negotiations involving complex disputed Medicaid
lien issues arising from a settlement in Case No. 11-13603 (PJW), In re:
Blitz U.S.A., Inc., et al., in the United States Bankruptcy Court for the
District of Delaware; and significant discovery, research and briefing,
pleading, meetings, and other required work in Cause No. DC-14-
07768, Nophsker v. Boston Pizza Restaurants, et. al., in the 193 rd
Judicial District Court of Dallas County, Texas; Cause No.
DC-15-06927, Gonzalez v. Escapade Club Corporation, in the 116 th
Judicial District Court of Dallas County, Texas; and Cause No.
236-264574-13, Patmon v. S&B LTD, in the 236th Judicial District
Court of Tarrant County, Texas, among others.
C. From November 24-28, Appellee’s counsel and his wife and
daughters will be attending a family reunion on High Island, Texas,
which occurs once every three years, and which has been scheduled
for many months. Counsel intends to continue working on the Brief
over this period, but will have limited time and resources, and
increased difficulties due to the need for remote access.
D. Counsel will return to Fort Worth the evening of Saturday, November
28. On Monday, November 30 – the current deadline for the Brief –
counsel is required to attend a minor prove-up hearing in Sherman,
Texas, and will then be taking depositions in Dallas the remainder of
the day, as well as the next day, in a medical malpractice matter.
E. In addition to a full work calendar, Counsel has numerous personal
commitments scheduled over the next several weeks.
Appellee’s Agreed Second M otion to Extend Time to File Appellee’s Brief Page 3
10. Appellant’s brief in this appeal raises numerous legal and factual issues,
requiring significant review and responsive briefing. Appellant requested and
received two agreed extensions to file Appellant’s brief, and granting the instant
motion will provide Appellee with the same amount of time, including the same
length of extensions, that Appellant received.
Prayer
11. For these reasons, Appellee respectfully asks the Court to grant an extension
of time to file his brief until December 14, 2015.
Respectfully submitted,
/s/ J. Mark Sudderth
J. Mark Sudderth
Texas Bar No. 19461500
N OTEBOOM – T HE L AW F IRM
669 Airport Freeway, Suite 100
Hurst, Texas 76053
(817) 282-9700
(817) 282-8073 (facsimile)
Sudderth@Noteboom.com
Attorneys for Appellee,
John Alexander Smith
Appellee’s Agreed Second M otion to Extend Time to File Appellee’s Brief Page 4
CERTIFICATE OF CONFERENCE
I certify that I have conferred with John R. Mercy, counsel for Appellant,
and Appellant agrees to this motion to extend time.
/s/ J. Mark Sudderth
J. Mark Sudderth
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the attached document been served
upon all counsel record on the 19th day of November, 2015, via e-service, to the
attorneys of record for Appellant City National Bank of Sulphur Springs as
follows:
John R. Mercy
Mercy, Carter, Tidwell, L.L.P.
1724 Galleria Oaks Drive
Texarkana, Texas 75503
E-mail: jmercy@texarkanalawyers.com
Clay Johnson
Johnson Law Firm, P.C.
609 Gilmer Street
Sulphur Springs, Texas 75482
E-mail: clay@clayjohnsonlaw.coim
/s/ J. Mark Sudderth
J. Mark Sudderth
Appellee’s Agreed Second M otion to Extend Time to File Appellee’s Brief Page 5