ACCEPTED
07-15-00343-CV
SEVENTH COURT OF APPEALS
AMARILLO, TEXAS
12/1/2015 4:42:25 PM
Vivian Long, Clerk
No. 07-15-00343-CV
____________________________________________
COURT OF APPEALS FILED IN
7th COURT OF APPEALS
for the AMARILLO, TEXAS
SEVENTH DISTRICT OF TEXAS 12/1/2015 4:42:25 PM
________________________________________ VIVIAN LONG
CLERK
Nancy Higginson, Debbie Cheadle, Edward Cheadle, Arthur Cheadle,
Wayne Carson, Finney Cheadle, Cheryl Shoop, and Keith Sawaya,
Appellants,
v.
Raeanne Martin,
Appellee.
________________________________________
Appeal from the 72nd Judicial District Court
of Lubbock County, Texas
Honorable Ruben G. Reyes, Presiding Judge
________________________________________
UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE APPELLEE’S BRIEF
________________________________________
To the Honorable Court:
Pursuant to TEX. R. App. P. 10.5(b) and 38.6(d), Appellee Raeanne Martin
(“Appellee”) files this Unopposed Motion for Extension of Time to File Appellee’s
Brief. In support thereof, Appellee would respectfully show the Court the following:
1. After receiving one extension of time, Appellants filed their
Appellants’ Brief on November 9, 2015. According to the Court’s electronic docket
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sheet, Appellee’s Brief is due on December 9, 2015. 1 Appellee now requests an
extension of nine days to file her Appellee’s Brief, making the new due date
December 18, 2015.
2. The undersigned, Appellee’s lead appellate counsel, was not involved
in the proceedings below, and needs additional time to familiarize himself with the
lengthy clerk’s record and multi-volume reporter’s record in this case. In addition,
counsel has been and will be involved in other matters that necessitate an extension,
including:
a. Preparation of an appellant’s brief that was filed in the Dallas Court of
Appeals on November 9, 2015 in No. 05-15-00157-CV, CBIF Limited
Partnership, Columbia Airport, LLC, and Steve Flory v. TGI Friday’s,
Inc., LBD Corporation, et al.;
b. Preparation for and presentation of oral argument on November 16,
2015 in an arbitration styled Daniel K. Hagood, P.C. and Fitzpatrick
Hagood Smith and Uhl, LLP v. Gordon Carroll Fisher;
c. Preparation of a petition for writ of mandamus that was filed in the U.S.
Court of Appeals for the Fifth Circuit on November 24, 2015 in No.
15-11188, In re St. Jude Children’s Research Hospital and American
Lebanese Syrian Associated Charities, Inc.;
d. Preparation of an appellant’s brief that was filed in the Dallas Court of
Appeals on November 25, 2015 in No. 05-15-00835-CV, Viking
Healthcare, LLC v. Zeig Electric, Inc.;
e. Preparation of a petition for writ of mandamus that will be filed within
the next week in the Dallas Court of Appeals in In re VSDH Vaquero
Venture, Ltd. and Douglas M. Hickok; and
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Appellants have described this is an accelerated appeal with the shorter filing deadlines
for briefs, but Appellee has been relying on the Court’s docket sheet showing December 9, 2015
as the due date of the Appellee’s Brief.
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f. Preparation of a variety of pre-trial pleadings due in the U.S. District
Court of the Northern District of Texas in No. 4:06-CV-013-Y, MC
Asset Recovery, LLC v. Commerzbank Ag, et al.
3. Because of these and other scheduling conflicts, coupled with the
intervening Thanksgiving holiday, the undersigned believes that a nine-day
extension will be necessary in order to prepare an adequate brief in this case.
WHEREFORE, Appellee Raeanne Martin respectfully prays that the Court
grant this unopposed motion and extend the time to file her Appellee’s Brief to
December 18, 2015.
Respectfully submitted,
/s/ Jeffrey S. Levinger
G. Michael Gruber Jeffrey S. Levinger
State Bar No. 08555400 State Bar No. 12258300
Email: mgruber@ghetrial.com Email: jlevinger@levingerpc.com
Michael J. Lang Levinger PC
State Bar No. 24036944 1445 Ross Avenue, Suite 2500
Email: mlang@ghetrial.com Dallas, Texas 75202
Priya A. Bhaskar Telephone: 214-855-6817
State Bar No. 24082690 Facsimile: 214-855-6808
Email: pbhaskar@ghetrial.com
Gruber Hurst Elrod Johansen Hail Terry Scarborough
Shank LLP State Bar No. 17716000
1445 Ross Avenue, Suite 2500 Email: tscarborough@hslawmail.com
Dallas, Texas 75202 Hance Scarborough, L.L.P.
Telephone: 214-855-6800 400 West 15th Street, Suite 950
Facsimile: 214-855-6808 Austin, Texas 78701
Telephone: 512-479-8888
Facsimile: 512-479-6891
Attorneys for Appellee
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CERTIFICATE OF CONFERENCE
On December 1, 2015, the undersigned conferred with J. Paul Manning,
counsel for Appellants, regarding this motion. Counsel stated that this motion for
extension will not be opposed.
/s/ Priya A. Bhaskar
Priya A. Bhaskar
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of this Unopposed Motion for Extension
of Time to File Appellee’s Brief was served via the Court’s electronic filing system
on Appellants’ counsel on this 1st day of December, 2015.
Anna McKim
J. Paul Manning
Field, Manning, Stone,
Hawthorne, and Aycock, P.C.
2112 Indiana Ave.
Lubbock, Texas 79410
/s/ Jeffrey S. Levinger
Jeffrey S. Levinger
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