ACCEPTED
06-15-00030-CV
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
10/5/2015 1:30:04 PM
DEBBIE AUTREY
CLERK
NO. 06-15-00030
FILED IN
6th COURT OF APPEALS
LETA YORK IN THE TEXARKANA, TEXAS
Appellant, 10/5/2015 1:30:04 PM
DEBBIE AUTREY
V. SIXTH COURT Clerk
TODD BOATMAN
Appellee. OF APPEALS
FIRST MOTION TO EXTEND TIME TO FILE APPELLANT'S SR1KF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Leta York, Appellant in the above styled and numbered cause,
and moves this Court to grant an extension of time to file appellant's brief, pursuant
to Rule 38, 6 of the Texas Rules of Appellate Procedure, and for good cause shows
the following:
1. This case is on appeal from the 62ND Judicial District Court of
Hopkins County, Texas.
2. The case below was styled Leta York vs. Todd Boatman, and numbered
CV 41400.
3. This is a civil case involving title to land. There is no question for
immediate possession of the land.
4. Notice of appeal was given on JUNE l9, 2015.
5, The clerk's record was filed on July 23, 2015; the reporter's record was
filed on September 4, 2015,
6. The appellate brief is presently due on October 5, 2015.
7. Appellant requests an extension of time of 14 days from the present
date, i.e. October 19, 2015.
8. No extension to file the brief has been received in this cause.
9, Appellant relies on the following facts as good cause for the requested
extension:
Appellant's attorney has had a death in the family during the last 30 days and
has had extensive preparation for a jury trial and other hearings that were not
originally foreseen. He is almost complete with the brief, but needs just a few more
days to complete it. Appellee is in agreement with this extension,
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this
Court grant this Motion To Extend Time to File Appellant's Brief, and for such other
and further relief as the Court may deem appropriate.
Respectfully submitted,
SMITH k, SMITH LAW FIRM
300 Oak Avenue
Sulphur Springs, TX 75482
Tel: (903) 439-3000
Fax; (903) 439-3110
By'.
Phil Smith
State Bar No. 18664400
p smith 300@hotmail. corn
Attorney for Leta York
CERTIFICATE OF SERVICE
This is to certify that on October 5, 2015, a true and correct copy of the above
and foregoing document was served on Larry A. Powers by fax to 903-885-1199.
Phil Smith
CERTIFICATE OF CONFERENCE
This is to certify that I have personally spoken to the other attorne, Larry A.
Powers, and he has agreed to this request for extension of time to file Appellant's
brief,
Phil Smit
STATE OF TEXAS
COUNTY OF HOPKINS
AFFIDAVIT
BEFORE ME, the undersigned authority, on this day personally appeared
Phil Smith, who after being duly sworn stated;
"1 am the attorney for the appellant in the above numbered and entitled
cause, l have read the foregoing Motion To Extend Time to File
Appellant's Brief and swear that all of the allegations of fact contained
therein are true and correct. "
Phil Smith
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME on IQQA. ~ Ma
2015, to certify which witness my hand and seal of office.
WK E. SMITH No Public, tate of Texas
MY COMMISSION EXPIRES
Febnwy t4, 3Ile