ACCEPTED
12-14-00085-CV
TWELFTH COURT OF APPEALS
TYLER, TEXAS
3/12/2015 4:45:01 PM
CATHY LUSK
CLERK
Case Number 12-14-00085-CV
FILED IN
12th COURT OF APPEALS
IN THE TYLER, TEXAS
3/12/2015 4:45:01 PM
TWELFTH COURT OF APPEALS CATHY S. LUSK
Clerk
TYLER, TEXAS
COWBOY'S RETAIL & WHOLESALE BEVERAGE DISTRIBUTION, LLC,
KYLE GILLIN AND GREAT AMERICAN TREATING, INC.
Appellant,
v.
PEGGYE DAVIS, JIM DAVIS, JAY DAVIS AND RICHARD L. RAY,
TRUSTEE,
Appellee.
APPELLEES' MOTION TO POSTPONE ORAL ARGUMENT
TO THE HONORABLE COURT OF APPEALS:
Now comes PEGGYE DAVIS, JIM DAVIS, JAY DAVIS and RICHARD L.
RAY, Appellees and Movants herein, by and through their attorney of record,
Richard L. Ray, and files this their Motion To Postpone Oral Argument concerning
a setting for oral argument and submission on April 9, 2015 at 8:30 a.m.,
Page 1
Courtroom, First Floor, Cotton Belt Building, 1517 W. Front Street, Tyler, Texas
75702 and for grounds heretofore would show the Court as follows:
I.
That on March 2, 2015 at 6:02p.m., the Appellees and Movants received an
electronic notice from the Court setting the above referenced case for oral
argument on April 9, 2015 at 8:30a.m. A copy of this electronic notification is
attached hereto as Exhibit "A".
II.
That counsel for the Appellees, Peggye Davis, Jim Davis, Jay Davis and
Richard L. Ray, and Movants was previously set for an administrative hearing, at
9:00 a.m. in Dallas, Texas, at Dallas SSA, located at 12790 Merit Drive, Suite 500,
Room 2, Dallas.
Attached hereto as Exhibit "B" is a copy of the SSA notice which indicates
notice of the April9, 2015 hearing was sent on January 20, 2015.
That Brent Howard serves as co-counsel for Appellees.
III.
As a result the movant's counsel, who prepared the pending brief, cannot
appear at the setting for oral argument scheduled on Thursday, April9, 2015, at 8:30
a.m.
Page2
IV.
This motion to postpone oral argument is not made for purposes of delay but
so that justice may be done.
WHEREFORE, prays the Court that this case be postponed until a later date.
Respectfully submitted,
Peggye Davis, Jay Davis and Richard L. Ray
Appellees and Movants
Is/ Richard L. Ray
RICHARD L. RAY
State Bar No. 16606300
RAY & THATCHER, ATTORNEYS AT LAW, P.C.
300 S. TRADE DAYS BLVD.
CANTON, TEXAS 75103
903 567-2051
903 567-6998 (FAX)
rlray@rayandthatcher.com
ATTORNEY FOR MOVANTS
Page3
VERIFICATION
THE STATE OF TEXAS §
COUNTY OF VANZANDT §
Richard L. Ray, the Attorney for Peggye Davis, Jim Davis, Jay Davis and
Richard L. Ray, Appellees and Movants named above, being duly sworn, says:
1. That he is the attorney of record for Appellees and Movants in the above
styled and numbered cause;
2. That he is duly authorized to make this verification;
3. That he is familiar with the matters set forth in the Appellees' Motion To
Postpone Oral Argument; and
4. That the matters set forth in such are true to his know e
o before me, the
undersigned notary public, on this the 12th day of March, 2015.
(/~~ _ ddwVvh
'( +----'----"'"""'----'------#-
~/ aula I. Landwermeyer
Notary Public in and for the State of Texas
My Commission Expires: 09-11-2017
Page4
CERTIFICATE OF SERVICE
CERTIFYING that a true and correct copy of the foregoing Motion to
Postpone Oral Argument has on this the 12th day of March, 2015, been forwarded
to the following counsel of record:
J. Bennett White
J. Bennett White, P.C.
P.O. Box 6250
Tyler, Texas 75703
Brent Howard
Howard & Davis
100 E. Ferguson St., #1200
Tyler, Texas 75702.
Is/ Richard L. Ray
RICHARD L. RAY
I
I
i
Page 5
3/312015
Notice(s): 12-14-00085-CV
1 message
coa12noticing@txcourts.gov Mon, Mar 2, 2015 at 6:02PM
To: rlray@rayandthatcher.com
You have received notice(s) for the following case(s):
12-14-00085-CV
TC #60,086-B
Cowboy's Retail & Wholesale Beverage Distribution, LLC, Kyle Gillin and Great American Treating, Inc. v.
Peggye Da\is, Jim Da\is, Jay Da\is and Richard L. Ray, Trustee
Files
+SUBMISSION_OA_FILECOPY.pdf
Thank you,
Cathy S. Lusk
12th Court of Appeals
Do not reply to this message. If you have questions, please contact the Court at (903) 593-8471 .
.;.;r
1~
.,,~ +SUBMISSION_OA_FILECOPY.pdf
225K
htlps:llmail.google.com/maillu/OI?ui=2&ik=016dd8aa05&view=pt&search=all&th=14bdcf1824aa2617&siml=14bdcf1824aa2617 1/1
1'1LE COJ'Y
CHIEF JUSTICE CLERK
JAMEST. WORTHEN CATHY S. LUSK
TwELFTH COURT OF APPEALS
JUSTICES CHIEF STAFF ATTORNEY
BRIAN HOYLE MARGARET HUSSEY
GREG NEELEY
March 2, 2015 ~~~©1};11~)])
MAR 0 2 2015
Mr. Richard L. Ray Mr. J. Bennett White
Ray & Thatcher, PC J. Bennett White, PC
300 S. Trade Days Blvd. P.O. Box 6250
(300 S. Hwy 19) Tyler, TX 75711
Canton, TX 7 5103 * DELIVERED VIA E-MAIL *
* DELIVERED VIA E-MAIL *
Mr. Brent Howard
Howard & Davis, PC
100 East Ferguson
Suite 1200
Tyler, TX 75702
* DELIVERED VIA E-MAIL *
RE: Case Number: 12-14-00085-CV
Ttial Court Case Number: 60,086-B
Style: Cowboy's Retail & Wholesale Beverage Distribution, LLC, Kyle Gillin and Great
American Treating, Inc.
v.
Peggye Davis, Jim Davis, Jay Davis and Richard L. Ray, Trustee
Please be advised that this cause has been set for oral argument and submission as follows:
Date: April9, 2015
Time: 8:30AM
Place: Courtroom, First Floor, Cotton Belt Building
1517 W. Front Street, Tyler, TX 75702
Any Motion for Continuance or Waiver of Argument must be filed on or before March 12,
2015.
Copies of opinions and accompanying orders or judgments are mailed to all counsel on the day
they are delivered. The news media are provided with a list of all dispositions of the Court on
the next business day. Opinions are normally available on LEXIS within 48 hours after delivery.
1517WESTFRONTSTREBT • SUITE354 • TYLER, TX75702 • TEL: 903-593-8471 • FAJ0903-593-2193
ServingAnderson, Angelina, Cherokee, Gregg, Henderson, Houston, Nacogdoches. Rains. Rusk Sabine_ San Augustine_ Shelby. Smith.~ Trini~ Upshur. Van
Z;wdt and Wood Counties
http:/ /www.txcourts.gov/12thcoa.aspx
FILE CUl'Y
If we can answer any questions or assist you with any additional accommodations, auxiliary aids
or services, please do not hesitate to contact us. We look forward to seeing you.
Very truly yours,
CATHY S. LUSK, CLERK
1517WESTFRONTSTRllET • Surm354 • TY!.BR, TX75702 • TEL:903·593-8471 • FAX:903-593·2193
Serving Anderson~ Angelina, Chemkee, Gregg; Henderson. Houston, Nacogdoches, Rains, Rusk, Sabine_ San Augustine_ Shelby. Smith,
Trinity. lfpshw; VanZandt and Wood Counties
http:/jwww.txcourts.gov/12thcoa.aspx
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"~~~SO:C:I~AL~S~E~C~U~RI~Tl\_J>~~~1IrN~IS~T~R~A~T~I;O~Nr---.-~~~<.
liSA
~~ ll!IIJI ,/Refer To:
~
Office of Disability Adjudication and Review
!
!
•'
"'"T"~
Allison S Genauer " 8 ., Suite 500
12790 Merit Dr.
Dallas, TX 75251
! Tel: (866)331-7135 /Fax: (972)341-5153
i
• January 20, 2015
'•
l'
'
•' Allison S Genauer
' 255 MeadowcrestDrive
Ten·ell, TX75160
NOTICE OF HEARING
Please bring tlrls notice of lteruing witl1 you to tlte hearing.
I have scheduled your hearing for:
Day: Thursday Date: April9, 2015 Time: 9:00AM
Central (CT)
Room: 6 'AddJ:ess: 12790 Merit Drive
Suite 500
· Dallas, TX7:525l .
It Is Important Tlmt You Attend Yom· Healing
I have set aside this time for you to tell me about your case. If you do not attend the hearing
and I do not fmd that you have a good reason, I may disnrlss your request for hearing. I may
do so without giving you furlher notice.
You may ask us if you want to appear by telephone. I will grant your request if I find that
extraordinary circumstances prevent you fiom appearing in person or by video
teleconferencing.
You must bring valid picture identification (ID) to your hearing. Examples of acceptable
picture ID include a:
• Current mid Yalill U.S. State dliYer's license;
• U.S. State-issued identity card;
• Current U.S. passport; or
Fonn HA-83 (09-2014)
-==
Claimant
~
Suspect Socia] Security Fraud?
Please Yisit http://oig.ssa.goy/r or call the Inspector General's Framl Hotline
"""""""'
~
at 1-800-269-0271 (TTY 1-866-501-2101).
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