ACCEPTED
06-15-00037-CV
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
12/28/2015 9:05:20 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 12/28/2015 9:05:20 AM
AT TEXARKANA DEBBIE AUTREY
Clerk
MICHAEL D. LEE ....................................... APPELLANT
v.
THE ROGERS AGENCY, C. MICHAEL ROGERS
and NEW YORK LIFE INSURANCE COMPANY ............... APPELLEES
APPELLANT'S MOTION TO EXTEND TIME
FOR FILING REPLY BRIEFS
TO THE HONORABLE COURT OF APPEALS:
MICHAEL D. LEE, Appellant, files this motion requesting an extension of
time to file his reply briefs to the brief of Appellees, The Rogers Agency and C.
Michael Rogers, and to the brief of Appellee, New York Life Insurance Company,
and would show unto the Court the following:
I.
Appellant's reply to the brief of Appellees, The Rogers Agency and C. Michael
Rogers, is due to be filed December 29, 2015.
Appellant's reply to the brief of Appellee, New York Life Insurance Company,
is due to be filed January 6, 2016.
II.
Due to other commitments counsel will be unable to complete research and
finalize the reply briefs in this case by the due date. Those commitments include:
1. 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;
2. Preparation of Plaintiffs Original Petition and Request for
Temporary Restraining Order and Injunction in OLMM
Properties, LLC d/b/a The Magnolia vs. Shannon West and The
Retreat at Kenwood, Inc., Cause No. 15-Cl 716-CCL in the
County Court at Law of Bowie County, Texas; and
3. The undersigned counsel plans to be out of town for the holidays
from December 27, 2015 to January 2, 2016.
III.
Further, the Appellees' briefs were filed on different dates and Appellant could
file one reply brief.
IV.
Therefore, Appellant would request an extension to January 15, 2016 in which
to file his reply briefs. 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 briefbe extended to January 15, 2016.
Appellant's Motion to Extend Time for Filing Reply Briefs -Page 2
Respectfully submitted,
/s/ Tofin 'R. Mercy
John R. Mercy
Texas State Bar No. 13947200
MERCY* CARTER* 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/ Tofin 'R. Mercy
John R. Mercy
Appellant's Motion to Extend Time for Filing Reply Briefe - Page 3
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Appellant's Motion to Extend Time for
Filing Reply Briefs has been served via e-service on:
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
this 28th day of December, 2015.
/s/ Tofin 'R. Mercy
John R. Mercy
Appellant's Motion to Extend Time for Filing Reply Briefe - Page 4