ACCEPTED
06-15-00021-CV
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
6/4/2015 10:48:47 PM
DEBBIE AUTREY
CLERK
NO. 06-15-00021-CV
FILED IN
6th COURT OF APPEALS
IN THE COURT OF APPEALS TEXARKANA, TEXAS
SIXTH APPELLATE DISTRICT 6/4/2015 10:48:47 PM
STATE OF TEXAS DEBBIE AUTREY
Clerk
______________________________________________
Sidney B. Hale, Jr., Appellant
v.
City of Bonham, Appellee
______________________________________________
Original Proceeding From The
336th Judicial District Court of
Fannin County, Texas
Cause No. CV-14-41722
______________________________________________
APPELLANT’S REQUEST FOR EXTENSION OF TIME
TO FILE APPELLANT’S BRIEF
______________________________________________
TO THE HONORABLE JUDGES OF THE COURT OF APPEALS:
COMES NOW, Appellant, Sidney B. Hale, Jr. (“Appellant” and/or “Mr.
Hale”) who respectfully requests that this Court allow an extension of time for
filing Appellant’s Brief in the Court of Appeals, Sixth Appellant District. This
Request for an Extension is filed in advance of the deadline to file Appellant’s
Brief and in accordance with Tex. R. App. Proc. 10.5(b)(1).
Mr. Hale’s Notice of Appeal was filed with the 336th Judicial District Court
on March 26, 2015. The Clerk’s Record was filed on April 24, 2015. The
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Reporter’s Record was filed on May 6, 2015.
Under Texas Rules of Appellate Procedure, the deadline for filing
Appellant’s Brief is June 5, 2015.
Pursuant to Texas Rules of Appellate Procedure 38.6(d), Mr. Hale
respectfully requests a thirty (30) day extension of time to file Appellant’s Brief. If
Mr. Hale’s request is granted, the new deadline to file Appellant’s Brief will be
July 6, 2015. This is the first request for extension of time filed in the Court of
Appeals, Sixth Appellate District.
Mr. Hale’s Appellant Brief is primarily based on the application of
sovereign immunity by the trial court and corresponding dismissal of Mr. Hale’s
counterclaims against Appellee, City of Bonham. Mr. Hale holds firm in his
position that sovereign immunity does not apply to facts and circumstances of this
case. However, the interests of justice require Mr. Hale to evaluate and determine
the most efficient and effective course of action. In other words, Mr. Hale must
now evaluate the claims and issues in the underlying suit to determine whether to
pursue the time and expense of an Appeal, and if successful, whether to proceed
with the time-consuming and expensive process of a trial on the merits.
Consequently, Mr. Hale respectfully requests additional time to conduct this
evaluation to determine whether the pursuit of an Appeal is the most justiciable
course of action.
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PRAYER
For the foregoing reasons, Appellant Sidney B. Hale, Jr. respectfully
requests their Motion for Extension of Time be granted in all respects.
Respectfully submitted,
COATS & EVANS, P.C.
By: /s/ Gary L. Evans
Gary Linn Evans
State Bar No. 00795338
E-mail: evans@texasaviationlaw.com
George Andrew Coats
State Bar No. 00783846
E-mail: coats@texasaviationlaw.com
P.O. Box 130246
The Woodlands, Texas 77393-0246
Telephone: (281) 367-7732
Facsimile: (281 367-8003
ATTORNEYS FOR APPELLANT
SIDNEY B. HALE, JR.
CERTIFICATE OF CONFERENCE
I certify that I have conferred with counsel for Appellee regarding via email,
and Appellee is unopposed to Appellant’s Request for Extension of Time.
/s/Gary L. Evans
Gary L. Evans
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CERTIFICATE OF SERVICE
I certify that pursuant to Rule 21a of the Texas Rules of Civil Procedure a
true and correct copy of the foregoing instrument has been delivered to all counsel
of on the 4th day of June, 2015.
Mr. Christopher S. Kilgore Via Electronic Filing
Dottie Sheffield
HELMS & KILGORE, PLLC
2201 Main Street, Suite 212
Dallas, Texas 75201
Telephone: 972-532-6484
Facsimile: 972-532-6496
ATTORNEYS FOR PLAINTIFF
CITY OF BONHAM
/s/Gary L. Evans
Gary L. Evans
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Sidney B. Hale, Jr. v. City of Bonham
Combined Opinion