Consolidated Property Interests, LLC v. Penny Payne ( 2015 )

ACCEPTED
12-15-00105-CV
TWELFTH COURT OF APPEALS
TYLER, TEXAS
7/9/2015 4:20:05 PM
CATHY LUSK
CLERK
No. 12-15-00105-CV
FILED IN
In the Twelfth Court of Appeals 12th COURT OF APPEALS
TYLER, TEXAS
Tyler, Texas 7/9/2015 4:20:05 PM
CATHY S. LUSK
Clerk
CONSOLIDATED PROPERTY
INTERESTS, LLC
Appellant
v.
JERRY PAYNE AND PENNY PAYNE
Appellees
Appealed from the 273rd Judicial District Court
Sabine County, Texas
UNOPPOSED MOTION TO EXTEND TIME
TO FILE APPELLANT’S BRIEF
Brent L. Watkins Greg Smith
Texas Bar No. 24033312 Texas Bar No. 18600600
SKELTON SLUSHER RAMEY & FLOCK, P.C.
1616 S. Chestnut 100 E. Ferguson, Suite 500
Lufkin, Texas 75902 Tyler, Texas 75702
Telephone: 936-632-2300 Telephone: 903-597-3301
Facsimile: 936-632-6545 Facsimile: 903-597-2413
bwatkins@skeltonslusher.com gsmith@rameyflock.com
ATTORNEYS FOR APPELLANT
TO THE HONORABLE COURT OF APPEALS:
Appellant Consolidated Property Interests, LLC, asks the Court to extend
the time for filing appellant’s brief by 30 days to and including Wednesday,
August 12, 2015.
1.
Information Required by Rule 10.5,
Tex. R. App. P.
The following information supports this request.
(i) Appellant’s brief is currently due to be filed July 13, 2015.
(ii) Appellant requests that the deadline for filing its brief be extended by 30
days to and including Wednesday, August 12, 2015.
(iii) This is Appellant’s first request to extend the briefing deadline.
2.
Facts Explaining the Need to
Extend the Briefing Deadline
Counsel is unable to complete the appellant’s brief and secure the necessary
client review and approval by the current deadline. Besides work on this brief,
Greg Smith, lead counsel on appeal, has been and will be required to divide his
available briefing time among the following matters:
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(i) No. 14-15-00354-CV, Petrofac Facilities Management International Limited and
Petrofac Brownfield, Ltd. vs. IMMI Turbines, Inc., In the Fourteenth Court of
Appeals, Houston, Texas (appellants’ brief); and
(ii) No. 14-0135, Margaret Taylor Riess and Barrett Riess v. Petro Real, Inc.; James E.
Hightower; and Lynn Bryant, In the 3rd District Court of Houston County,
Texas (summary-judgment briefing).
3.
This motion is not sought solely for delay, but in the interest of justice and
to ensure that Appellant’s brief sufficiently aids the Court’s decisional process.
4.
Conference with Opposing Counsel
John Seale, counsel for Appellees, states that the relief requested in this
motion is unopposed.
5.
Conclusion and Prayer
Appellant, Consolidated Property Interests, LLC, prays that the Court would
extend the time for filing its appellant’s brief by 30 days to and including
Wednesday, August 12, 2015.
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Respectfully submitted,
/s/ Greg Smith
Greg Smith
State Bar No. 18600600
RAMEY & FLOCK, P.C.
100 East Ferguson, Suite 500
Tyler, TX 75702
Telephone: (903) 597-3301
Facsimile: (903) 597-2413
gsmith@rameyflock.com
Brent L. Watkins
State Bar No. 24033312
SKELTON SLUSHER
1616 S. Chestnut
Lufkin, TX 75902
Telephone: (936) 632-2300
Facsimile: (936) 632-6545
bwatkins@skeltonslusher.com
COUNSEL FOR APPELLANT
Certificate of Service
The undersigned certifies that a copy of the above and foregoing document
was served upon counsel for Appellees in accordance with the applicable Texas
Rules of Civil Procedure on this the 9th day of July, 2015, on the following:
Efiling – katiemorgan@yahoo.com
John H. Seale
Attorney at Law
P. O. Box 480
Jasper, TX 75951
/s/ Greg Smith
Greg Smith
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