ACCEPTED
06-14-00100-CV
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
10/16/2015 4:18:59 PM
DEBBIE AUTREY
CLERK
NO.06-14-00100-CV
MARK MUELLER § IN THE SIXTH FILED IN
6th COURT OF APPEALS
Appellant § TEXARKANA, TEXAS
§ 10/16/2015 4:18:59 PM
vs. § COURT OF APPEALS
DEBBIE AUTREY
Clerk
§
JAMES H. DAVIS, §
INDIVIDUALLY AND D/B/A §
JD MINERALS AND JDMI, LLC §
Appellees § TEXARKANA, TEXAS
APPELLEES’ MOTION FOR LEAVE TO FILE SUR-REPLY BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
NOW COME James H. Davis, Individually and d/b/a JD Minerals and JDMI,
LLC, Appellees, and respectfully file this Motion for Leave in accordance with Texas
Rule of Appellate Procedure 10 and would show the Court that:
The Appellees wish to file their Sur-Reply Brief to Appellant’s Reply Brief and
Reply to Response to Motion for Sanctions. Appellees Sur-Reply Brief is filed
contemporaneously with this motion for leave.
Oral Argument is set for November 18, 2015 at 10:00 a.m. in Texarkana.
WHEREFORE, PREMISES CONSIDERED, Appellees’ pray that the Court
grant their Motion for Leave to file their Sur-Reply Brief.
Page 1 of 3
Respectfully Submitted,
ANDERSON, LEHRMAN, BARRE
& MARAIST, LLP
Gaslight Square
1001 Third Street, Suite 1
Corpus Christi, Texas 78404
Telephone: (361) 884-4981
Facsimile: (361) 884-9618
By: /s/ Douglas D. McLallen
Douglas D. McLallen
State Bar No. 00788025
ATTORNEYS FOR APPELLEE
Marshall C. Wood
State Bar No. 00797690
Norton & Wood, LLP
315 Main Street
Post Office Box 1808
Texarkana, Texas 75504
Telephone: (903) 823-1321
Facsimile: (903) 823-1325
Email: marshall@nortonandwood.com
Page 2 of 3
CERTIFICATE OF CONFERENCE
As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I
have conferred, or made a reasonable attempt to confer, with all parties.
Bob Whitehurst, Counsel for Appellant, Mark Mueller, opposes Appellees’
Motion for Leave to file Appellees’ Sur-Reply Brief.
/s/ Douglas D. McLallen
Douglas D. McLallen
CERTIFICATE OF SERVICE
I certify that on October 16, 2015, a true and correct copy of foregoing was
served on counsel of record as indicated below.
Mr. Bob Whitehurst Via Electronic Delivery: whitehurstlawfirm@yahoo.com
Whitehurst & Whitehurst
Attorneys at Law
5380 Old Bullard Road, Suite 600, #363
Tyler, Texas 75703
/s/ Douglas D. McLallen
Douglas D. McLallen
Page 3 of 3