ACCEPTED
06-15-00013-CV
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
12/28/2015 9:26:38 AM
DEBBIE AUTREY
CLERK
No. 06-15-00013-CV
IN THE COURT OF APPEALS FOR THE
FILED IN
SIXTH DISTRICT OF TEXAS 6th COURT OF APPEALS
TEXARKANA, TEXAS
AT TEXARKANA 12/28/2015 9:26:38 AM
DEBBIE AUTREY
Clerk
CITY NATIONAL BANK OF SULPHUR SPRINGS ............ APPELLANT
v.
JOHN ALEXANDER SMITH ................................ APPELLEE
UNOPPOSED MOTION TO EXTEND TIME FOR FILING REPLY BRIEF
OF APPELLANT, CITY NATIONAL BANK OF SULPHUR SPRINGS
TO THE HONORABLE COURT OF APPEALS:
Appellant, CITY NATIONAL BANK OF SULPHUR SPRINGS, files this
unopposed motion requesting an extension of time to file its reply brief, and would
show unto the Court the following:
I.
Appellant's reply brief is due to be filed on January 3, 2016, which is a Sunday
making the reply brief due on January 4, 2016.
II.
Due to other commitments counsel will be unable to adequately review the
record, complete research, and finalize the reply brief in this case. Those
commitments include:
1. Assisting in preparation of the reply brief of Burlington
Resources Oil & Gas Company, LP in Burlington Resources Oil
& Gas Company, LP v. Petromax Operating Co., Inc., et al, No.
No. 06-15-00044-CV in the Sixth Court of Appeals;
2. Preparation of Appellant's separate reply briefs to the briefs of
Appellees, The Rogers Agency and C. Michael Rogers, and
Appellee, New York Life Insurance Company, in Michael D. Lee
v. The Rogers Agency, C. Michael Rogers and New York Life
Insurance Company, No. NO. 06-15-00037-CV in the Sixth Court
of Appeals;
3. 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. l 5C 1716-CCL in the County
Court at Law of Bowie County, Texas; and
4. In addition to the above, the undersigned counsel plans to be out
of town for the holidays from December 27, 2015 to January 2,
2016.
III.
Therefore, Appellant would request an extension to January 29, 2016 in which
to file its reply 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, CITY NATIONAL
BANK OF SULPHUR SPRINGS, prays that the time for filing its appellate briefbe
extended to January 29, 2016.
Unopposed Motion to Extend Time for Filing Reply Brief of Appellant,
City National Bank of Sulphur Springs - Page 2
Respectfully submitted,
Is/ To fin 'R. :Jvlercy
John R. Mercy
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
Coy Johnson
State Bar No. 10698000
Email: coy@clayjohnsonlaw.com
Clay Johnson
State Bar No. 24007450
Email: clay@clayjohnsonlaw.com
JOHNSON LAw FIRM, P.c.
609 Gilmer Street
Sulphur Springs, TX 75482-4121
Telephone: (903) 885-8866
Facsimile: (903) 584-1313
ATTORNEYS FOR APPELLANT, CITY
NATIONAL BANK OF SULPHUR SPRINGS
Unopposed Motion to Extend Time for Filing Reply Brief of Appellant,
City National Bank of Sulphur Springs~ Page 3
CERTIFICATE OF CONFERENCE
I have contacted J. Mark Sudderth, Attorney for Appellee, regarding the relief
sought by this motion and he does not oppose the motion.
/s/ Tofin 'R. Mercy
John R. Mercy
CERTIFICATE OF SERVICE
I hereby certify that the fore going Unopposed Motion to Extend Timefor Filing
Reply BriefofAppellant, City National Bank ofSulphur Springs, has been served via
e-serv1ce on:
Mr. J. Mark Sudderth
NOTEBOOM LAW FIRM
669 Airport Freeway, Suite 100
Hurst, TX 76053-3698
Email: sudderth@noteboom.com
Coy Johnson
Email: coy@clayjohnsonlaw.com
Clay Johnson
Email: clay@clayjohnsonlaw.com
JOHNSON LAW FIRM, P.C.
609 Gilmer Street
Sulphur Springs, TX 75482-4121
this the 28th day of December, 2015.
/s/ Tofin 'R. Mercy
John R. Mercy
Unopposed Motion to Extend Time for Filing Reply Brief of Appellant,
City National Bank of Sulphur Springs~ Page 4