Charles Alford and Mary Lou Alford v. Robert Thomas McKeithen, EOG Resources, Inc. and Central Texas Land Services

ACCEPTED 12-14-00262 TWELFTH COURT OF APPEALS TYLER, TEXAS 3/25/2015 5:00:12 PM CATHY LUSK CLERK NO. 12-14-00262-CV FILED IN 12th COURT OF APPEALS IN THE TYLER, TEXAS TWELFTH COURT OF APPEALS 3/25/2015 5:00:12 PM AT TYLER, TEXAS CATHY S. LUSK Clerk CHARLES ALFORD and MARY LOU ALFORD, Appellants VS. ROBERT THOMAS MoKEITHEN, EOG RESOURCES, INC. and CENTRAL TEXAS LAND SERVICES, Appellees Appealed from the District Court of San Augustine County, Texas MOTION FOR EXTENSION OF'TIME TO F'ILE APPELLANTS' BRIEF TO THE HONORABLE JUDGES OF SAID COURT: The undersigned counsel for Appellants in this proceeding, Charles Alford and Mary Lou Alford, move the Court for an extension of time to file their Appellants' Brief in this proceeding, and in support of that request show as follows: A. Introduction 1. Appellants are Charles Alford and Mary Lou Alford. Appellees are Robert Thomas McEachern, EOG Resources, Inc., and Central Texas Land Services. 2. No rule limits the time within which to file this motion to extend. See Tnx.R.App.P. 38.6(d). 3. The parties have agreed to this motion. B. Argument and Authorities 4. The Court has the authority under TexRs Rul-B oF AIIELLATE PRocEDURE 38.6(d) to extend the time to file the brief. 5. Appellants' brief is due on March 26,2015. 6. Appellants request an additional thirfy (30) days to file their brief, extending the time until April 24,2015. 7. No extension has been granted to extend the time to file Appellants' brief. 8. Appellants need additional time to file their briefbecause Appellants' counsel has had three briefs to research and prepare in the past few weeks in addition to his trial schedule and requires additional time to do his research on this brief. WHEREFORE, the undersigned counsel for Appellants inthis proceeding moves the Court to extend the time for a response until April24,2015. Page2 Respectfully submitted, State Bar No. 17238000 210 North Street Nacogdoches, TX 75961 (936) 5s9-1 188 (936) 559-0099 Fax ATTORNEY F'OR APPELLANTS CERTIFICATE OF CONFERENCE, On March 24,2015, counsel for Appellants wrote to counsel for Appellees in this case regarding filing this Motion for Extension to File. Counsel for Appellee McKeithen does not oppose this motion. Counsel for Appellants has not received a reply from Counsel for Appellees EOG Resources,Inc. and Central Texas Land Services. a'g" Tom Rorre -/ CERTIFICATE OF SERVICE I certifr that a copy of the foregoing document has been served on counsel for Appellees this day of March,2015,by e-file notice and by facsimile, to-wit: Mr. Jason R. Mills Mr. Graham K. Simms Facsimile (903) 592-7 7 87 Mr. Noel D. Cooper Law Offices of Noel D. Cooper Facsimile (93 6) 7 | 5 -6022 Mr. Bill McWhorter Bill McWhorter & Associates Facsimile (93 6) 5 64-645 5 Page 3 NO. 12-14-00262-CV IN THE TWELFTH COURT OF APPEALS AT TYLER, TEXAS CHARLES ALFORD and MARY LOU ALFORD, Appellants VS. ROBERT THOMAS MoKEITHEN, EOG RESOURCES, INC. and CENTRAL TEXAS LAND SERVICES, Appellees Appealed from the District Court of San Augustine County, Texas ORDER GRANTING EXTENSION OF TIME TO F'ILE APPELLANTSO BRIEF' ON THIS DAY came on to be heard the Motion for Extension of Time to File Appellants' Brief, and having heard said motion the Court rules that it is hereby GRANTED. It is, therefore, ORDERED, ADJUDGED and DECREED that Appellants' Brief is due onApril24,2015. SIGNED this _ day of 20t5. JUDGE PRESIDING