Tonya Allen DDS, P.A. v. Smith County Appraisal District ( 2015 )

ACCEPTED
12-15-00029-CV
TWELFTH COURT OF APPEALS
TYLER, TEXAS
7/8/2015 10:59:19 AM
CATHY LUSK
CLERK
NO 12-15-00029-CV
TONYA ALLEN DDS, P.A., § IN THE TWELFTHFILED IN
12th COURT OF APPEALS
§ TYLER, TEXAS
Appellant, § 7/8/2015 10:59:19 AM
§
CATHY S. LUSK
V. § COURT OF APPEALSClerk
§
SMITH COUNTY APPRAISAL §
DISTRICT, §
§
Appellee § TYLER, TEXAS
APPELLANT'S MOTION FOR LEAVE TO FILE BRIEF
Appellant asks the Court for leave to file its brief.
A. Introduction
1. Appellant is Tonya Allen DDS, P.A.; Appellee is Smith County Appraisal
District.
2. No rule provides a deadline to file this motion for leave to file, although the
brief has already been supplied to the Court. See Tex. R. App. P. 38.6(d).
3. Appellee opposes the motion.
B. Argument & Authorities
4. The Court has the authority under Texas Rule of Appellate Procedure 38.6(d) to
extend the time to file the brief.
5. Appellant's brief was due on June 29, 2015.
6. Appellant’s brief was delivered to the Court on July 2, 2015, and Appellant
requests leave to file its brief, extending the time until July 13, 2015, in order to confirm
the filing.
7. No extensions have been granted to extend the time to file Appellant's brief.
8. Appellant needs additional time to file its brief because logistical issues
regarding other prior client matters have resulted in the inability to complete the brief in a
timely manner. Finally, counsel for Appellant has had a family emergency which has
precluded prior completion of the brief.
C. Conclusion
9. Appellant, both due to accident or mischance, as well as due to circumstances
beyond its control, was been unable to meet the deadline for filing its brief, but delivered
the brief to the Court three (3) days late, and is filing this motion in response.
D. Prayer
10. For these reasons, Appellant asks the Court to grant leave to file its brief until
July 13, 2015 previously submitted to the Court.
Respectfully submitted,
THE EATON LAW FIRM, PLLC
By:_______________________
Michael W. Eaton
SBN 06383800
1701 W. Northwest Highway
Suite 100
Grapevine, Texas 76051
Telephone: (817) 431-1111
Telecopier: (817) 431-1180
ATTORNEYS FOR DEFENDANT
TONYA ALLEN DDS, P.A.
CERTIFICATE OF CONFERENCE
I certify that this office has conferred with Sandra Griffin by electronic communication,
and she opposes this Motion for Leave to File Brief.
______________________
Michael W. Eaton
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Appellant’s Motion for
Leave to File Brief was served on counsel for Defendant/Appellee by fax transmission
and by overnight delivery with delivery confirmation on July 8, 2015.
_______________________
Michael W. Eaton