Thomas Seabourne v. Danese Seabourne

ACCEPTED
06-15-00088-CV
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
12/8/2015 1:06:32 PM
DEBBIE AUTREY
CLERK
CASE NO. 06-15-00088-CV
FILED IN
6th COURT OF APPEALS
IN THE TEXARKANA, TEXAS
SIXTH COURT OF APPEALS 12/8/2015 1:06:32 PM
TEXARKANA, TEXAS DEBBIE AUTREY
Clerk
Thomas Seabourne v. Danese Seabourne
MOTION FOR EXTENSION OF TIME FOR FILING
BRIEF ON APPEAL
JOE SHUMATE
State Bar No. 18327500
107 North Main Street
P. O. Box 1915
Henderson, Texas 75653-1915
(903) 657-1416
(903) 655-8211
Attorney for Appellant, Geary H. Lee
MOTION FOR EXTENSION OF TIME FOR FILING
BRIEF ON APPEAL
TO THE HONORABLE COURT:
COMES NOW Thomas Seabourne, Appellant in the above-styled and
numbered cause, by and through his attorney of record, and pursuant to Rule
10.5(b)(3) of the Texas Rules of Appellant Procedure, files this his Motion for
Extension of Time for Filing of a Brief on Appeal, and in support of same would
respectfully show unto the Court as follows:
1. The time for filing the Brief on Appeal in this case is the 4th day of
December, 2015. This extension, Appellant’s first motion to extend the time for
filing the Brief on Appeal with the Clerk of this Court, is filed not for delay, but so
that justice may be done.
2. Counsel for Appellant has been involved in numerous trials since the
notice of appeal filed herein, a hearing on a Plea for Abatement on this case was
heard and the due date for the deadline of the brief was calendared for the wrong date.
Therefore, counsel for Appellant would request the Court grant an extension of the
briefing deadline of forty-five (45) days.
3. The attached affidavit of Joe Shumate for Appellant herein, is offered in
support of this motion.
WHEREFORE, Appellants request that:
1. The Clerk of this Court give notice of this motion to Appellee, by and
through her attorney of record;
2. This Court grant Appellant’s motion;
3. This Court extend the time for filing said Brief on Appeal to the 18th day
of January, 2016.
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Respectfully submitted,
LAW OFFICE OF JOE SHUMATE
BY
Joe Shumate
State Bar No. 18327500
107 North Main Street
P. O. Box 1915
Henderson, Texas 75653-1915
(903) 657-1416
(903) 655-8211
Attorney for Appellant
Certificate of Service
I certify that a true copy of the above was served on each attorney of record or
party in accordance with the Texas Rules of Civil Procedure on December 8, 2015.
Joe Shumate
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AFFIDAVIT
STATE OF TEXAS §
§
COUNTY OF RUSK §
On this day personally appeared Joe Shumate, who after being by me first duly
sworn, did depose and state that the facts and allegations set out in the above and
foregoing Motion to Extend Time for Filing of Brief on Appeal are within his
personal knowledge and belief and are true and correct.
Joe Shumate
SUBSCRIBED AND SWORN TO BEFORE ME this the 8th day of
December, 2015 by Joe Shumate, to certify which witness my hand and seal of office.
Notary Public, State of Texas
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