XTO Energy Inc. v. Elton Goodwin

ACCEPTED
12-16-00068-CV
TWELFTH COURT OF APPEALS
TYLER, TEXAS
9/16/2016 1:45:33 PM
Pam Estes
CLERK
CAUSE NO. 12-16-00068-CV
_____________________________
FILED IN
12th COURT OF APPEALS
C A
TYLER, TEXAS
OURT OF PPEALS 9/16/2016 1:45:33 PM
T D
WELFTH ISTRICT OF EXAST PAM ESTES
Clerk
______________________
XTO ENERGY, INC.,
APPELLANT
V.
ELTON GOODWIN,
APPELLEE
__________________________________________________________________
On Appeal from Cause No. CV 13-9496
rd
273 District Court, San Augustine County, Texas
The Honorable Charles Mitchell, presiding
_________________________________________________________________
SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE
BRIEF OF APPELLEE, ELTON GOODWIN
_________________________________________________________________
TO THE HONORABLE TWELFTH COURT OF APPEALS:
Elton Goodwin, Appellee, respectfully moves for a second thirty day
extension of time within which to file his appellee’s brief. His brief is currently due
on September 30, 2016, following one extension and Mr. Goodwin requests that
deadline be extended by an additional thirty days, up to and including October 30,
2016. The grounds for this motion are:
The undersigned counsel, Deborah Race, is responsible for preparing and
filing Mr. Goodwin’s brief. In addition to the reasons stated in the prior motion,
the undersigned counsel’s husband was admitted to the hospital on September 7,
2016, following a sudden illness and is still hospitalized today. As a result,
counsel has been unable to work on this brief in the interim and needs the
additional extension to catch up once her husband is released.
Appellant XTO Energy, Inc., filed its brief on July 30, 2016, following two
extensions. The undersigned counsel has contacted Charles “Skip” Watson, Jr.,
counsel for appellant, and he has stated he does not oppose this motion.
Date: September 16, 2016 Respectfully submitted,
BY: /s/ Deborah Race
Deborah Race
State Bar No. 16448700
drace@icklaw.com
IRELAND, CARROLL & KELLEY, P.C.
6101 S. Broadway, Suite 500
Tyler, Texas 75703
Tel: (903) 561-1600
Fax: (903) 581-1071
COUNSEL FOR APPELLEE
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CERTIFICATE OF CONFERENCE
On September 16, 2016, the undersigned counsel for Appellee emailed Mr.
Charles R. “Skip” Watson, counsel for Appellant regarding the relief requested in
this motion. Mr. Watson does not oppose a 30-day extension.
/s/ Deborah Race
CERTIFICATE OF SERVICE
I hereby certify that on September 16, 2016, a true and correct copy of the
foregoing Unopposed Motion for Extension to File Brief of Appellee, Elton
Goodwin, was served via EFileTx.Gov e-service on the following counsel of
record:
Charles R. “Skip” Watson, Jr. Jason R. Mills
cwatson@lockelord.com jmills@freemanmillspc.com
Mike A. Hatchell Graham K. Simms
mahatchell@lockelord.com gsimms@freemanmillspc.com
LOCKE LORD LLP Tyler “Gus” A. Clardy
600 Congress Avenue, Suite 2200 gclardy@freemanmillspc.com
Austin, TX 78701 FREEMAN MILLS P.C.
COUNSEL FOR APPELLANT 601 Shelley Drive, Ste. 201
Tyler, TX 75701
COUNSEL FOR APPELLANT
/s/ Deborah Race
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