ACCEPTED
06-15-00037-CV
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
9/24/2015 10:36:20 AM
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 9/24/2015 10:36:20 AM
AT TEXARKANA DEBBIE AUTREY
Clerk
MICHAEL D. LEE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . APPELLANT
V.
THE ROGERS AGENCY, C. MICHAEL ROGERS
& NEW YORK LIFE INS. CO.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . APPELLEES
MOTION TO EXTEND TIME FOR FILING
BRIEF OF APPELLANT
TO THE HONORABLE COURT OF APPEALS:
MICHAEL D. LEE, Appellant in the above styled and numbered cause, hereby
moves the Court pursuant to Rule 38.6(d), Texas Rules of Appellate Procedure, for
an extension of time to file his brief. As grounds for such extension the Appellant
would show unto the Court the following:
I.
This is Appellant’s first request for an extension of time in which to file his
brief. Appellant’s brief is due to be filed on September 24, 2015
II.
Despite his best efforts to do so, the undersigned counsel for Appellant has
been unable to adequately review the record and complete research necessary to
finalize Appellant’s brief in this case by the due date because of other previously
scheduled matters. Those matters include:
1. Serving as mediator in Earline Lahman and Randy Lahman v.
Cape Fox Corporation and Nationwide Provider Solutions, LLC,
Cause No. 84414 in the 62nd District Court of Lamar County,
Texas;
2. Assisting in preparation of Respondents’ Brief on the Merits in
Petrohawk Properties, L.P. and P-H Energy, L.L.C. v. Noel Diane
Jones, et al, No. 15-0200 in the Supreme Court of Texas;
3. Serving as court-ordered mediator in Lullia Jones v. DFO, LLC
and ToWIN 6656, LLC d/b/a Denny’s, Miller County Circuit
Court No. 46CV-14-267-2; and
4. Preparation of the Brief of Appellant in City National Bank of
Sulphur Springs v. John Alexander Smith, No. 06-15-00013-CV
in this Court .
III.
Therefore, Appellant would request an extension of thirty (30) 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 thirty (30) days until
October 24, 2015.
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, LaToyia Pierce, Attorney for Appellees, The Rogers Agency
and C. Michael Rogers; and Andrew Jubinsky, Attorney for Appellee, New York Life
Insurance Company, regarding the relief sought by this motion and each have no
objection to the motion.
/s/ John R. Mercy
John R. Mercy
Motion to Extend Time for Filing Brief of Appellant – Page 3
CERTIFICATE OF SERVICE
I hereby certify that on September 24, 2015, a true and correct copy of the
foregoing 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
Motion to Extend Time for Filing Brief of Appellant – Page 4