Mark J. Mueller v. James H. Davis, Individually, James H. Davis D/B/A J.D. Minerals, and JDMI, LLC ( 2015 )

ACCEPTED
06-14-00100-CV
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
7/13/2015 10:41:29 AM
DEBBIE AUTREY
CLERK
NO.06-14-00100-CV
IN THE COURT OF APPEALS FILED IN
6th COURT OF APPEALS
FOR THE SIXTH DISTRICT OF TEXAS TEXARKANA, TEXAS
_________________________________________________________________
7/13/2015 10:41:29 AM
DEBBIE AUTREY
Clerk
MARK MUELLER
Appellant
v.
JAMES H. DAVIS, INDIVIDUALLY AND D/B/A JD MINERALS
AND JDMI, LLC
Appellees
Appeal from the 71st Judicial District Court
Of Harrison County, Texas
Cause No. 11-0858
The Honorable Brad Morin Presiding
__________________________________________________________________
APPELLEES’ UNOPPOSED FIRST EXTENSION OF TIME TO FILE
APPELLEES’ BRIEF
Douglas D. McLallen Marshall C. Wood
State Bar No. 00788025 State Bar No. 00797690
Anderson, Lehrman, Barre, Norton & Wood, LLP
and Maraist LLP 315 Main Street
Gaslight Square Post Office Box 1808
1001 Third St, Suite 1 Texarkana, Texas 75504
Corpus Christi, TX 78404 Telephone: (903) 823-1321
Telephone: 361-884-4981 Facsimile: (903) 823-1325
Facsimile: 361-884-2822 Email: marshall@nortonandwood.com
Email: dmclallen@albmlaw.com
ATTORNEYS FOR APPELLEES
APPELLEES’ UNOPPOSED FIRST MOTION
TO EXTEND TIME TO FILE APPELLEES’ BRIEF
Appellees, James H. Davis, Individually and d/b/a JD Minerals and JDMI,
LLC, ask this Court, pursuant to 10.5(b) Tex. R. App. P., to extend the time to file the
Appellees’ Brief, and would show as follows:
1. This motion is filed before the deadline for filing Brief of Appellee, as
required by Texas Rule of Appellate Procedure 38.6(d).
2. Appellants’ brief is currently due on July 16, 2015
3. Appellants requests an extension of 30 days to file their Brief, extending
the time until Monday, August 17, 2015.
4. No previous extension by Appellees has been requested.
5. Appellees request an extension of time in which to file their Brief in
order to allow sufficient time to adequately prepare their Brief to aid the
Court in consideration of this appeal. On July 7, 2015 Appellees
requested the District Clerk of Harrison County, Texas to supplement
the record with a pleading that is needed for a thorough brief.
WHEREFORE, PREMISES CONSIDERED, Appellees, James H. Davis,
Individually and d/b/a JD Minerals and JDMI, LLC request this Honorable Court to
grant this Motion for Extension of Time until August 17, 2015, and for such further
relief to which they may be entitled.
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
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, does not object to the
extension.
/s/ Douglas D. McLallen
Douglas D. McLallen
CERTIFICATE OF SERVICE
I certify that on July 13, 2015, a true and correct copy of foregoing was served
on counsel of record as indicated below.
Mr. Bob Whitehurst Via Email: 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