Wayne E. Freeman Freeman Resources, Ltd. FRM GP, LLC Frank M. Bufkin, III Buffco Production, Inc. Twin Resources, LLC, and Chesapeake Louisiana, L.P. v. Harleton Oil & Gas, Inc. ( 2016 )

ACCEPTED
06-16-00034-CV
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
6/29/2016 11:25:45 AM
DEBBIE AUTREY
CLERK
CAUSE NO. 06-16-00034-CV
WAYNE E. FREEMAN, et al, § IN THE SIXTH COURT
FILED IN
Ap p e llan ts § 6th COURT OF APPEALS
TEXARKANA, TEXAS
§ 6/29/2016 11:25:45 AM
V. § OF APPEALS OF DEBBIE AUTREY
§ Clerk
HARLETON OIL & GAS, INC., §
Ap p e lle e § THE STATE OF TEXAS
APPELLANT FREEMAN’S MOTION TO EXTEND TIME TO FILE THE BRIEF
Appellants, Wayne E. Freeman, Freeman Resources, Ltd., and FRM GP, LLC,
(Appellant Freeman), request that the court extend time to file their brief.
A. Introduction
1. Wayne E. Freeman, Freeman Resources, Ltd., and FRM GP, LLC are
Appellants (Appellant Freeman). Harleton Oil & Gas, Inc. is the Appellee.
2. Appellant Freeman’s brief is currently due on July 11, 2016 and
Appellant Freeman requests an extension until Wednesday, August 10, 2016.
B. Argument and Authorities
3. The court may extend time to file the brief under the authority of Texas
Rule of Appellate Procedure 38.6(d). No rule limits the time within which to file this
motion to extend. See e.g Tex. R. App. P. 38.6(d).
4. Appellant’s brief is currently due on July 11, 2016. See Tex. R. App. Pro.
38.6(a).
5. Appellant now requests an additional thirty (30) days to file Appellant
Freeman’s brief, extending the time until August 10, 2016.
6. No prior extensions have been granted to Appellant Freeman to extend
time to file Appellant Freeman’s Brief.
7. Appellant Freeman requests additional time to file its brief because
Appellant’s counsel received the complete appellate record on June 22, 2016. Thus,
Counsel only had a total of 19 days, and 12 business business days(which excludes
July 4) to read the appellate record, research the legal issues and draft the brief.
During that interim period, Counsel had numerous other legal matters to address.
Additionally, the appeal involves numerous parties, a large record and multiple legal
issues. These issues must be researched, considered and drafted, then the brief
finalized and filed. However, the remaining time period is insufficient to do so.
Finally, Appellant’s counsel is currently appellate counsel on six currently pending
appeals in this Court and numerous other legal issues. Accordingly, Appellant’s
counsel requests an additional thirty days.
8. Appellee’s counsel was contacted and does not oppose the motion.
C. Prayer
9. For these reasons, Appellant asks the Court to grant an extension of
time to file its brief in this cause to Wednesday, August 10, 2016, and for such other
and further relief to which it may be entitled.
Appellant Freeman’s Motion to Extend Time to File the Brief Page 2
Respectfully submitted,
Mille r, Jam e s , Mille r & Ho rn s b y , L.L.P.
By:________________________________
Troy Hornsby
Texas State Bar Number 00790919
1725 Galleria Oaks Drive
Texarkana, Texas 75503
troy.hornsby@gmail.com
903.794.2711; f. 903.792.1276
Richard S. Krumholz
Barton Wayne Cox
Nicholas Hendrix
Norton Rose Fulbright US, LLP
2200 Ross Avenue, Suite 3600
Dallas, Texas 75201
Attorney for Wayne E. Freeman, Freeman
Resources, Ltd. and FRM GP, LLC
CERTIFICATE OF CONFERENCE
This is to certify that pursuant to Texas Rule of Appellate Procedure 10.1(a)(5),
Appellant Freeman's counsel conferred with Greg Smith, Harleton’s counsel, who
was not opposed to the motion.
_______________________
Troy Hornsby
Appellant Freeman’s Motion to Extend Time to File the Brief Page 3
CERTIFICATE OF SERVICE
This is to certify that on June 29, 2016, a true and correct copy of the above and
foregoing Appellant’s Motion to Extend Time to File the Brief has been forwarded by U.S.
mail on all counsel of record listed below.
Attorneys for Defendants Frank M. Robert W. Lee
Bufkin, III, Buffco Production, Inc. 121 S. Broadway, Suite 668
and Twin Resources, LLC Tyler, Texas 75702
John H. Boswell
Boswell & Hallmark, PC Greg Smith
908 Town & Country Blvd., Suite 200 Ramey & Flock, P.C.
Houston, Texas 77024 100 East Ferguson, Suite 500
john@johnboswelllaw.com Tyler, Texas 75702
Gene F. Creely, II Counsel for Chesapeake Louisiana,
Creely Law Firm PLLC L.P. and Chesapeake Operating, Inc.
620 West Alabama Street Jesse R. Pierce
Houston, Texas 77006 Brian K. Tully
gcreely@creelylaw.com Pierce & O'Neill, LLP
4203 Montrose Boulevard
John R. Mercy Houston, Texas 77006
Mercy Carter Tidwell LLP
1724 Galleria Oaks Drive Collin Maloney
Texarkana, Texas 75503 Ireland, Carroll & Kelley, P.C.
jmercy@texarkanalawyers.com 6101 South Broadway, Suite 500
Tyler, Texas 75703
Counsel for Plaintiff Harleton Oil &
Gas Inc.
Brent Howard
Howard & Davis
100 E. Ferguson Street, Suite 1200
Tyler, Texas 75702
_______________________
Troy Hornsby
Appellant Freeman’s Motion to Extend Time to File the Brief Page 4