Charles Alford and Mary Lou Alford v. Robert Thomas McKeithen, EOG Resources, Inc. and Central Texas Land Services ( 2015 )

ACCEPTED
12-14-00262
TWELFTH COURT OF APPEALS
TYLER, TEXAS
5/21/2015 10:47:17 AM
CATHY LUSK
CLERK
NO. 12-14-00262-CV
CHARLES ALFORD AND § IN THE TWELFTH FILED IN
MARY LOU ALFORD § 12th COURT OF APPEALS
TYLER, TEXAS
Plaintiffs, § 5/21/2015 10:47:17 AM
§ CATHY S. LUSK
V. § COURT OF APPEALSClerk
§
ROBERT THOMAS §
MCKEITHEN, EOG §
RESOURCES, INC., AND §
CENTRAL TEXAS LAND §
SERVICES §
Defendants. § TYLER, TEXAS
MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Robert Thomas McKeithen, Appellee in the above styled
and numbered cause, and moves this Court to grant an extension of time to
file Appellee’s brief, pursuant to Rule 38.6 of the Texas Rules of Appellate
Procedure, and for good cause shows the following:
1. This case is an appeal from the 1ST Judicial District Court of San
Augustine County, Texas, of a real property case.
2. The case below was styled the Charles Alford and Mary Lou
Alford v. Robert Thomas McKeithen, EOG Resources, Inc. and Central Texas
Land Services, and numbered CV-12-9344.
3. The after a jury trial in which the jury found in favor of the
Appellees, the trial court signed a take nothing judgment.
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4. Appellant’s brief was filed on April 24, 2015.
5. Appellee requests a 30-day extension of the time to file his
Appellee’s Brief which is presently due on May 26, 2015. See TEX. R. APP. P.
4.1, 38.6.(b). The new due date would be June 25, 2015.
6. No prior extensions for Appellee’s brief have been requested.
However, an extension of time has been granted to EOG Resources, Inc. and
Central Texas Land Services.
10. Appellee relies on the following facts as good cause for the
requested extension:
In addition to the usual heavy court schedule for Appellee’s counsel,
Appellee’s counsel has completed several appellate filings and contested trial
court hearings since Appellants filed their brief which have required the
expenditure of an inordinate amount of counsel’s time. On May 1, 2015,
Appellee’s counsel completed and filed a motion for rehearing with the
Supreme Court of Texas in docket number 15-0180, In the Interest of S.R., a
Child. On May 4, 2015, Appellee’s counsel completed and filed a brief in this
Court in case number 12-15-00062-CV, In the Interest of T.J.H., W.D.H., and
L.H.L., Children. On May 6, 2015, counsel was scheduled for a hearing on a
motion to suppress and a Franks motion in Cause No. F1420820, State of
Texas v. Brian Donald Molanders, pending in the 420TH Judicial District
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Court of Nacogdoches County. On May 18, 2015, Appellee’s counsel began a
termination bench trial in Cause No. C1430096, In the Interest of B.D. and
R.D., Children, in the 420TH Judicial Court of Nacogdoches County which
could not finish that day because of time constraints. Finally, on May 20,
2015, Appellee’s counsel completed and filed a brief in this Court in case
numbers 12-15-00031-CR and 12-15-00032-CR , Mitzi Gail Allgor v. The
State of Texas.
WHEREFORE, PREMISES CONSIDERED, Appellee prays that
this Court grant this Motion To Extend Time to File Appellee’s Brief, and for
such other and further relief as the Court may deem appropriate.
Respectfully submitted,
LAW OFFICES OF NOEL D. COOPER
117 North Street, Suite 2
Nacogdoches, Texas 75961
Telephone: (936) 564-9000
Telecopier: (936) 715-6022
By:/s/Noel D. Cooper
Noel D. Cooper
State Bar No. 00796397
Attorney for Robert Thomas
McKeithen
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CERTIFICATE OF CONFERENCE
This is to certify that I have conferred with counsel for Appellants and
counsel for co-Appellees, and neither opposes this motion.
/s/Noel D. Cooper
Noel D. Cooper
CERTIFICATE OF COMPLIANCE
Pursuant to TEX. R. APP. P. 9.4(i)(3), I certify that this document is
computer generated and contains 453 words based on a computer word
count.
/s/Noel D. Cooper
Noel D. Cooper
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CERTIFICATE OF SERVICE
I certify that I delivered a copy of this Motion to Extend Time to File
Appellee’s Brief to each attorney of record or party in accordance with the
Texas Rules of Appellate Procedure on May 21, 2015, at the addresses and
manners below.
Tom Rorie
Attorney for Charles Alford and Mary Lou Alford
Attorney at Law
210 North Street
Nacogdoches, Texas 75961
TEL: (936) 559-1188
FAX: (936) 559-0099
By Electronic Filing Manager
Jason R. Mills
Attorney for EOG Resources, Inc. and Central Texas Land Services
Freeman Mills PC
110 N. College, Suite 1400
Tyler, Texas 75702
TEL: (903) 592-7755
FAX: (903) 592-7787
By Electronic Filing Manager
/s/Noel D. Cooper
Noel D. Cooper
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