ACCEPTED
12-15-00148-CV
TWELFTH COURT OF APPEALS
TYLER, TEXAS
7/20/2015 12:30:20 PM
CATHY LUSK
CLERK
NO. 12-15-00148-CV
*** FILED IN
12th COURT OF APPEALS
TYLER, TEXAS
IN THE COURT OF APPEALS
7/20/2015 12:30:20 PM
CATHY S. LUSK
FOR THE TWELFTH JUDICIAL DISTRICT Clerk
TYLER, TEXAS
***
GUY GRANTHAM
Appellant
V.
RACEFAB, INC., ET. AL.
Appellees
***
APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME TO FILE
MOTION FOR REHEARING
***
TO THE HONORABLE JUSTICES OF THE COURT:
Appellant requests a forty-five (45) day extension to file his Motion for Rehearing,
and for good cause, would show as follows:
1. The trial court’s judgment was signed on May 4, 2015, and Appellant timely filed
a notice of appeal. The clerk’s record was due on July 3, 2015.
2. On July 15, 2015, the Court dismissed Appellant’s appeal because, Appellant
failed, after notice, to pay or make arrangements to pay the trial court clerk’s fee for
preparing the clerk’s record. Appellant’s Motion for Rehearing is currently to be filed by
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July 30, 2015.
3. On or about July 6, 2015, Appellant requested that the Cherokee County Clerk
issue a Writ of Execution to Racefab, Inc. It was Appellant’s intent to determine if a
judgment could be collected prior to wasting this Court’s time and incurring unnecessary
expense with and on an appeal. The Writ of Execution is returnable in ninety (90) days.
4. A forty-five (45) day extension on Appellant’s time to file a Motion for Rehearing
would allow the Cherokee County Sherriff time to return the writ and allow Appellant an
opportunity to determine whether an appeal in this matter makes sense for all involved.
5. Appellant fully expects and intends that Appellant’s Motion for Rehearing will
either: 1) consist, pursuant to TEX. R. APP. P. 42.1, of a Notice of Dismissal; or 2)
indicate that the clerk and reporter have been paid in full for both the transcript and
record.
4. This is Appellant’s first motion for extension of time to file his Motion for
Rehearing.
5. Under Tex. R. App. P. 10.3, the undersigned does not know if Appellee is
represented by counsel on appeal and was unable to confer with Appellee regarding this
motion.
FOR THESE REASONS, Appellant prays that the Court grant his motion for
extension of time and extend the deadline for filing their motion for rehearing to
September 13, 2015.
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Respectfully Submitted,
THE MCCLEERY LAW FIRM
//S//Stephen E. McCleery
Stephen E. McCleery
State Bar of Texas No. 00794258
Federal Id. No. 21007
5020 Montrose, Blvd., 6th Floor
Houston, Texas 77006
Telephone 713/622-3555
Facsimile 713/224-8555
E-Mail smccleery@mccleerylaw.com
ATTORNEY FOR APPELLANT
GUY GRANTHAM
CERTIFICATE OF SERVICE
The below signed certifies that on this the 20th day of July 2015, the above document
was served, pursuant to TEX. R. CIV. P. 21, on the last known attorney of record for all Appellees
via electronic service.
//S//Stephen E. McCleery
The McCleery Law Firm
VIA ELECTRONIC SERVICE
Mr. R. Chris Day
Law Offices of Day & Wallace
517 East Commerce Street
Jacksonville, Texas 75766
ATTORNEYS FOR PLAINTIFF/COUNTER-DEFENDANT
RACEFAB, INC./THIRD-PARTY DEFENDANTS
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