ACCEPTED
06-15-00009-CV
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
12/14/2015 10:28:19 AM
DEBBIE AUTREY
CLERK
NO. 06-15-00009-CV
FILED IN
IN THE COURT OF APPEALS 6th COURT OF APPEALS
SIXTH COURT OF APPEALS DISTRICT TEXARKANA, TEXAS
TEXARKANA, TEXAS 12/14/2015 10:28:19 AM
DEBBIE AUTREY
Clerk
DENNIS RAYNER AND JOE TEX XPRESS, INC.,
Appellants,
V.
KRISTA DILLON,
Appellee.
ON APPEAL FROM THE 62ND DISTRICT COURT, HOPKINS COUNTY, TEXAS
HONORABLE WILL BIARD PRESIDING
CAUSE NO. CV40921
AGREED FIRST MOTION FOR EXTENSION OF TIME TO FILE
APPELLANTS’ REPLY BRIEF
TO THE HONORABLE SIXTH COURT OF APPEALS:
Appellants respectfully present this agreed first motion to extend the
time in which to file their Reply Brief pursuant to Texas Rule of Appellate
Procedure 38.6. No previous motions for extension of time to file the Reply
Brief have been filed. In support of this motion, appellants would show the
Court as follows:
I.
Appellants’ Reply Brief is currently due on December 28, 2015.
Because of the events and matters described more fully below, appellants
request an extension of an additional 30 days in which to file the Reply
Brief or until January 27, 2016.
II.
The requested extension is necessary because the following matters
have prevented the undersigned from completing the Appellants’ Brief and
will preclude the undersigned from doing so sooner than January 27, 2016:
1. The undersigned is assisting in the preparation of the appellees’
brief in Katherine Sanchez Matthews v. William Henry
Matthews, Jr., Independent Executor of the Estate of William
Henry Matthews, III, No. 04-15-00461-CV, which is currently
due on December 18, 2015;
2. The undersigned had to attend meetings in Austin on December
10-11, 2015, as part of his duties as President-elect of the Texas
Young Lawyers Association;
3. The undersigned has a pre-planned out of state vacation during
the entire week of December 21, 2015; and
4. The undersigned has been assisting in the preparation of the
jury charge in Jim Weynand v. Olmos Equipment, Inc. et al.,
No. 2011-CI-08332, in the 285th District Court, Bexar County,
Texas.
For all of the reasons explained above, counsel for appellants cannot
complete the Appellants’ Reply Brief by its current due date of December
28, 2015, and needs an additional 30 days in which to do so.
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III.
On December 14, 2015, the undersigned conferred with John Mercy,
lead appellate counsel for appellee. Mr. Mercy indicated that this motion
could be styled as an agreed motion as he would not be opposed to the relief
requested herein.
WHEREFORE, PREMISES CONSIDERED, appellants respectfully
request that this Court grant their motion for extension of time in which to
file the Appellants’ Reply Brief, extend the deadline in which to file the brief
an additional 30 days up to and including January 27, 2016, and grant such
other and further relief to which appellants may be justly and equitably
entitled.
Respectfully submitted,
/s/ Samuel V. Houston, III
SAMUEL V. HOUSTON, III
State Bar No. 24041135
HOUSTON DUNN, PLLC
4040 Broadway, Suite 440
San Antonio, Texas 78209
Telephone: (210) 775-0882
Fax: (210) 826-0075
sam@hdappeals.com
ATTORNEY FOR APPELLANTS
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CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the foregoing motion
has been served on the following counsel in accordance with the Texas Rules
of Appellate Procedure, on this 14th day of December, 2015:
John Mercy Via email/eservice
MERCY CARTER TIDWELL, L.L.P.
1724 Galleria Oaks Drive
Texarkana, Texas 75503
jmercy@texarkanalawyers.com
Brent Goudarzi Via email/eservice
GOUDARZI & YOUNG, L.L.P.
P.O. Drawer 910
Gilmer, Texas 75644
brent@goudarzi-young.com
/s/ Samuel V. Houston, III
SAMUEL V. HOUSTON, III
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Dennis Rayner and Joe Tex Xpress, Inc. v. Krista Dillon
Combined Opinion