Mark J. Mueller v. James H. Davis, Individually, James H. Davis D/B/A J.D. Minerals, and JDMI, LLC

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ACCEPTED 06-14-00100-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS 7/13/2015 10:41:29 AM DEBBIE AUTREY CLERK NO.06-14-00100-CV IN THE COURT OF APPEALS FILED IN 6th COURT OF APPEALS FOR THE SIXTH DISTRICT OF TEXAS TEXARKANA, TEXAS _________________________________________________________________ 7/13/2015 10:41:29 AM DEBBIE AUTREY Clerk MARK MUELLER Appellant v. JAMES H. DAVIS, INDIVIDUALLY AND D/B/A JD MINERALS AND JDMI, LLC Appellees Appeal from the 71st Judicial District Court Of Harrison County, Texas Cause No. 11-0858 The Honorable Brad Morin Presiding __________________________________________________________________ APPELLEES’ UNOPPOSED FIRST EXTENSION OF TIME TO FILE APPELLEES’ BRIEF Douglas D. McLallen Marshall C. Wood State Bar No. 00788025 State Bar No. 00797690 Anderson, Lehrman, Barre, Norton & Wood, LLP and Maraist LLP 315 Main Street Gaslight Square Post Office Box 1808 1001 Third St, Suite 1 Texarkana, Texas 75504 Corpus Christi, TX 78404 Telephone: (903) 823-1321 Telephone: 361-884-4981 Facsimile: (903) 823-1325 Facsimile: 361-884-2822 Email: marshall@nortonandwood.com Email: dmclallen@albmlaw.com ATTORNEYS FOR APPELLEES APPELLEES’ UNOPPOSED FIRST MOTION TO EXTEND TIME TO FILE APPELLEES’ BRIEF Appellees, James H. Davis, Individually and d/b/a JD Minerals and JDMI, LLC, ask this Court, pursuant to 10.5(b) Tex. R. App. P., to extend the time to file the Appellees’ Brief, and would show as follows: 1. This motion is filed before the deadline for filing Brief of Appellee, as required by Texas Rule of Appellate Procedure 38.6(d). 2. Appellants’ brief is currently due on July 16, 2015 3. Appellants requests an extension of 30 days to file their Brief, extending the time until Monday, August 17, 2015. 4. No previous extension by Appellees has been requested. 5. Appellees request an extension of time in which to file their Brief in order to allow sufficient time to adequately prepare their Brief to aid the Court in consideration of this appeal. On July 7, 2015 Appellees requested the District Clerk of Harrison County, Texas to supplement the record with a pleading that is needed for a thorough brief. WHEREFORE, PREMISES CONSIDERED, Appellees, James H. Davis, Individually and d/b/a JD Minerals and JDMI, LLC request this Honorable Court to grant this Motion for Extension of Time until August 17, 2015, and for such further relief to which they may be entitled. Respectfully Submitted, ANDERSON, LEHRMAN, BARRE & MARAIST, LLP Gaslight Square 1001 Third Street, Suite 1 Corpus Christi, Texas 78404 Telephone: (361) 884-4981 Facsimile: (361) 884-9618 By: /s/ Douglas D. McLallen Douglas D. McLallen State Bar No. 00788025 ATTORNEYS FOR APPELLEE Marshall C. Wood State Bar No. 00797690 Norton & Wood, LLP 315 Main Street Post Office Box 1808 Texarkana, Texas 75504 Telephone: (903) 823-1321 Facsimile: (903) 823-1325 Email: marshall@nortonandwood.com CERTIFICATE OF CONFERENCE As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I have conferred, or made a reasonable attempt to confer, with all parties. Bob Whitehurst, Counsel for Appellant, Mark Mueller, does not object to the extension. /s/ Douglas D. McLallen Douglas D. McLallen CERTIFICATE OF SERVICE I certify that on July 13, 2015, a true and correct copy of foregoing was served on counsel of record as indicated below. Mr. Bob Whitehurst Via Email: whitehurstlawfirm@yahoo.com Whitehurst & Whitehurst Attorneys at Law 5380 Old Bullard Road, Suite 600, #363 Tyler, Texas 75703 /s/ Douglas D. McLallen Douglas D. McLallen