ACCEPTED
06-15-00013-CV
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
10/28/2015 1:57:34 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 10/28/2015 1:57:34 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 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, hereby moves the Court 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 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 unopposed.
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 October 29, 2015.
7. Appellee requests an additional 30 days to file his brief, extending the time
until Saturday, November 28, 2015.
8. No prior extension of time to file this brief has been granted.
9. Appellee needs additional time to file his brief because other pressing
matters and deadlines, including pre-trial preparation in multiple cases set for trial
during the next several months and numerous other active litigation files, as well as
multiple hearings, meetings, and recent out-of-office commitments, have prevented
and will prevent Appellee’s undersigned counsel from devoting the time necessary
to complete preparation of the brief by the original deadline.
Prayer
10. For these reasons, Appellee respectfully asks the Court to grant an extension
of time to file his brief until November 28, 2015.
Appellee’s Agreed M otion to Extend Time to File Appellee’s Brief Page 2
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
CERTIFICATE OF CONFERENCE
I certify that I have conferred with John R. Mercy, counsel for Appellants,
and Appellants are unopposed 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 28th day of October, 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
Appellee’s Agreed M otion to Extend Time to File Appellee’s Brief Page 3
Coy Johnson
E-mail: coy@clayjohnsonlaw.com
Clay Johnson
E-mail: clay@clayjohnsonlaw.coim
Johnson Law Firm, P.C.
609 Gilmer Street
Sulphur Springs, Texas 75482
/s/ J. Mark Sudderth
J. Mark Sudderth
Appellee’s Agreed M otion to Extend Time to File Appellee’s Brief Page 4