ACCEPTED
06-14-00036-CV
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
5/5/2015 4:24:47 PM
DEBBIE AUTREY
CLERK
APPELLATE CASE NO. 06-14-00036-CV
FILED IN
6th COURT OF APPEALS
TEXARKANA, TEXAS
IN THE COURT OF APPEALS FOR THE SIXTH JUDICIAL DISTRICT
5/5/2015 4:24:47 PM
OF TEXAS AT TEXARKANA, TEXAS DEBBIE AUTREY
Clerk
FRANK KEATHLEY, INDIVIDUALLY, AND DOING BUSINESS AS
TOP
SHELF ANTIQUES, APPELLANT
VS.
J.J. INVESTMENTS COMPANY, L.L.P., ELLEN JAGGERS, DISTRICT
CLERK OF
FRANKLIN COUNTY, TEXAS, FRANKLIN COUNTY CONSTABLE
RANDY GREEN APPELLEES
AND
CORBITT BAKER, APPELLEE AND PARTY AT INTEREST
Appeal from Cause No. 10,072 in the District Court of Franklin County,
Texas,
62nd Judicial District
The Honorable Will Baird, District Judge
APPELLANT'S MOTION TO EXTEND TIME
FOR FILING APPELLANT'S REPLY BRIEF
Appellant's motion for extension of time to file reply brief 1
TO THE HONORABLE COURT OF APPEALS:
Frank Keathley, individually and doing business as Top Shelf
Antiques, appellant, files this motion pursuant to Rule 38.6(c) of the Texas
Rules of Appellate Procedure, as follows:
1. The appellee's brief was filed April 15, 2015. Appellant's reply
brief is due May 5, 2015.
2. Appellant requests and extension of twenty (20) days for filing
his reply brief. The filing date under this extension would be May 25, 2015,
which is the recognized holiday for Memorial Day this year. Therefore, the
requested extension due date would be May 25, 2015.
3. Appellant requests this extension to permit his counsel of
record to conduct additional research regarding his response to the issues
raised by appellee's brief. Just prior to receipt of the appellee's brief,
appellant's counsel had completed a week-long jury trial and has been
involved in post-verdict motions related to the jury trial which have taken
time that would otherwise have been available for completion of research
and preparation of the reply brief. Additionally, appellant's counsel was
required to accompany his wife to Dallas for outpatient procedures related to
treatment of recently diagnosed herniated disk issues which have resulted in
loss of time from his office.
Appellant's motion for extension of time to file reply brief 2
4. This motion is not made solely for the purposes of delay, but is
made so justice may be done. This is appellant's first motion to extend the
filing of his reply brief.
5. Appellant's counsel personally conferred with counsel for the
real party at interest and he does not oppose this extension.
WHEREFORE, appellant moves the Court to consider this motion and
to grant him an extension of time to file his reply brief no later than May 26,
2015, or such other time as the Court may deem appropriate.
Respectfully submitted this 5th day of May, 2015.
/s/ Larry R. Wright
Larry R. Wright
State Bar No. 22048000
P.O. Box 144
406 South Main Street
Winnsboro, Texas 75494
Telephone 903-342-1089
Fax 903-342-1088
E-mail lawyerwright@msn.com
Attorney for Appellant
Appellant's motion for extension of time to file reply brief 3
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing has been this day served
by email transmission to each attorney of record, as follows:
Clardy Law Office
Jerry W. Baker
Attorney for Corbitt Baker
Real Party at Interest
Powers & Blount, LLP
Larry Blount
Attorney for JJ Investment Co. LTD, et al
Appellee
Gene Stump
Franklin County Attorney
Attorney for Appellees, Ellen Jaggers and Randy Green
/s/ Larry R. Wright
Larry R. Wright
Appellant's motion for extension of time to file reply brief 4