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
6/11/2015 12:16:40 PM
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, § 6/11/2015 12:16:40 PM
§ CATHY S. LUSK
V. § COURT OF APPEALSClerk
§
ROBERT THOMAS §
MCKEITHEN, EOG §
RESOURCES, INC., AND §
CENTRAL TEXAS LAND §
SERVICES §
Defendants. § TYLER, TEXAS
SECOND 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 additional 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.
-1-
4. Appellant’s brief was filed on April 24, 2015.
5. Appellee requests a 15-day extension of the time to file his
Appellee’s Brief which is presently due on June 25, 2015. See TEX. R. APP. P.
4.1, 38.6.(b). The new due date would be July 10, 2015.
6. One prior extension for Appellee’s brief has been requested, and
one additional 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:
Counsel has a brief in an accelerated appeal due Monday June 15, 2015,
in Cause No. 09-15-00185, ITIO T.V., P.V., and K.V., Children, pending in the
Ninth Court of Appeals of Texas. Counsel also has a divorce hearing
scheduled in Cause No. C1430027, ITMOTMO Catherine Russell and Gary
Lynn Russell, pending in the 420TH Judicial District Court of Nacogdoches
County, Texas, on that same day. Counsel is also attending an out-of-town
wedding for his niece on the weekend beginning June 19, 2015. Counsel was
in a bench trial in Cause No. C1228614, ITIO J.H.D., a Child, in the County
Court-at-Law of Nacogdoches County, Texas. Counsel had a temporary
hearing on June 10, 2015, in Cause No. C1530903, ITMOTMO Jeanette Rae
LaMont and Michael Hiromi LaMont and ITIO D.A.L. and L.N.L., Children,
-2-
pending in the 420TH Judicial District Court of Nacogdoches County, Texas.
WHEREFORE, PREMISES CONSIDERED, Appellee prays that
this Court grant this Second 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
-3-
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 388 words based on a computer word
count.
/s/Noel D. Cooper
Noel D. Cooper
-4-
CERTIFICATE OF SERVICE
I certify that I delivered a copy of this Second 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 June 11, 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
-5-