C. Aubrey Smith and James D. Van Deventer v. A.B.S.H., Llc ( 2015 )

ACCEPTED
12-15-00227-CV
TWELFTH COURT OF APPEALS
TYLER, TEXAS
12/1/2015 3:36:01 PM
Pam Estes
CLERK
CASE NO. 12-15-00227-CV
IN THE
FILED IN
TWELFTH COURT OF APPEALS 12th COURT OF APPEALS
TYLER, TEXAS
TYLER, TEXAS 12/1/2015 3:36:01 PM
PAM ESTES
Clerk
C. AUBREY SMITH and JAMES D. VANDEVENTER APPELLANTS
V.
A.B.S .H., LLC APPELLEES
UNOPPOSED MOTION OF APPELLANTS
FOR EXTENSION OF TIME TO FILE BRIEF
Appellants, C. AUBREY SMITH and JAMES D. VANDEVENTER,
request a fourteen (14) day extension of the deadline for filing their brief, pursuant
to Tex. R. App. P. 10.
1. The Clerk's Record in this matter was filed on September 21, 2015.
The Reporter's Record was filed on November 12, 2015. Accordingly, because
this is an accelerated appeal, December 2, 2015, is the current deadline for
Appellants to file their brief
2. Appellants request a fourteen (14) day extension to file their brief
3. Appellants have requested no previous extension of time in this
appellate cause.
4. Counsel for Appellants, Matthew T. Milam, requires additional time
in which to file their brief Counsel is currently preparing for a jury trial scheduled
for December 7, 2015, in Cause No. 62,604, Robert D. Eckeberger v. Lin T. Barker
and E.P.B.B. Investment Holdings, L.P., in the County Court at Law for Smith
County. The parties have estimated that the trial will last three days. Additionally,
the parties to this appeal have scheduled mediation with Mike Patterson for
Monday, December 14, 2015. An extension of time would allow the parties to this
appeal to attempt to resolve this matter prior to submitting briefing.
5. No party will be prejudiced by the extension requested herein.
6. M.G. Wooton, on behalf of A.B.S.H., LLC, conferred with Matthew
T. Milam, counsel for Appellants, on December 1, 2015, and indicated that
A.B.S.H., LLC, is unopposed to the extension requested by Appellants herein.
Such conference occurred in the presence of Vance Hendrix, counsel for A.B.S.H.,
LLC, in the underlying lawsuit. Mr. Hendrix has not made an appearance on
behalf of A.B.S.H., LLC in this appeal. ABSH, LLC, has not yet retained
separate appellate counsel.
Prayer for Relief
Therefore, Appellants respectfully request that this Court issue an Order
granting the extension of time for the filing of the Appellants' brief in the above
case to December 16, 2015.
2
Respectfully submitted this 1st day of December, 2015.
WILSON, ROBERTSON & CORNELIUS, P.C.
One American Center
909 ESE Loop 323, Suite 400 [01]
P.O. Box 7339
Tyler, Texas 75711-7339
Telephone: 903/509-5000
Telecopier: 903/509-5091
By: /s/Matthew T. Milam
Matthew T. Milam
State Bar No. 24065746
mmilam@wilsonlawfirm.com
Attorneys for Appellants C Aubrey Smith
and James D. VanDeventer
CERTIFICATE OF SERVICE
I hereby certify that pursuant to Rule 9.5, Texas Rules of Appellate
Procedure, that a true and correct copy of the foregoing pleading was served upon
the following counsel electronically, through the electronic filing manager, on this
the 1st day of December, 2015:
Vance E. Hendrix, E-mail: vancehendrixpc@gmail.com
Attorney at Law
215 Winchester Drive, Suite 110
Tyler, Texas 75701
/s/ Matthew T. Milam
MATTHEW T. MILAM
3
CERTIFICATE OF CONFERENCE
Before filing this motion, Matthew T. Milam, the attorney for Appellants,
conferred with Appellee as indicated in Paragraph 6 herein. A.B.S.H., LLC does
not oppose this Motion.
/s/ Matthew T. Milam
MATTHEW T. MILAM
VERIFICATION
I swear or affirm that the facts stated herein are true and correct.
MATTHEW T. MILAM
STATE OF TEXAS
COUNTY OF SMITH
BEFORE ME, the undersigned official, on this day personally appeared
Matthew T. Milam, known to me to be the person whose name is subscribed to the
foregoing document, and being by me first duly sworn, declared that the statements
therein contained are true and correct.
SUBSCRIBED AND SWORN TO BEFORE ME this 1st day of December,
2015.
MARY M. SKEETERS
Notary Public
STATE OF TEXAS Notary ublicl S to of exas
My Comm. Exp.02-27-2018
4