American Idol, General, LP D/B/A the REO, and Randy Hanson A/K/A Randall Hanson v. Pither Plumbing Co., Inc.

• Court: Court of Appeals of Texas
• Decided: January 12, 2015
• Docket: 12-14-00134-CV
• Status: Published

Opinion

ACCEPTED 12-14-00134-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 1/12/2015 4:00:36 PM CATHY LUSK CLERK

CAUSE NO. 12-14-00134-CV

IN THE FILED IN 12th COURT OF APPEALS COURT OF APPEALS TYLER, TEXAS TWELFTH COURT OF APPEALS 1/12/2015 4:00:36 PM TYLER, TEXAS CATHY S. LUSK Clerk AMERICAN IDOL, GENERAL, LP d/b/a The REO, AND RANDY HANSON a/k/a RANDALL HANSON, Appellants

V.

PITHER PLUMBING CO., INC., Appellee __________________________________________________

On Appeal from Cause No. 2012-1842-A in the 188th Judicial District Court in Gregg County, Texas The Honorable David Brabham, Presiding Judge __________________________________________________

APPELLEE’S AGREED MOTION TO EXTEND TIME TO FILE BRIEF

COMES NOW, PITHER PLUMBING CO., INC., Appellee in the above-

entitled and numbered appeal and, pursuant to Rule 10.5 (b) and Rule 38.6 of the

Texas Rules of Appellate Procedure, files the following Agreed Motion to Extend

Time to File Brief and in support thereof would respectfully show the Court the

following: I.

This is an appeal from a summary judgment in a breach of contract case.

Pursuant to Rule 10.5 of the Texas Rules of Appellate Procedure, Appellee states

the following:

1. The Current deadline for filing Appellee’s Brief is January 15, 2015;

2. Appellee seeks a thirty (30) day extension of the filing deadline to and

including February 16, 2015; and

3. This is Appellee’s first request for an extension of time.

II.

Appellee relies on the following facts to reasonably explain its need for this

extension of time:

1. On December 16, 2014, Appellee received notice that the Court

reinstated this appeal and that Appellee’s brief was due January 15,

2015;

2. Appellee’s counsel has been performing legitimate business in other

cases since December 16, 2014;

3. Appellee’s counsel is currently preparing for trial in Rusk County,

Texas; and

_____________________________________________________________________________________________ APPELLEE’S AGREED MOTION TO EXTEND TIME TO FILE BRIEF PAGE 2 4. Appellee’s counsel has not had sufficient time to review the record

and complete the legal research and briefing necessary to properly

present this appeal to the Court.

III.

This request for an extension of time to file Appellee’s Brief is not sought

solely for the purposes of delay, but so that justice may be done. The granting of

this request will allow counsel for Appellee to fully research and brief the issues

before the Court and will facilitate the Court’s efficient and just disposition of this

matter, thus resulting in judicial economy and conservation of the Court’s

resources and time.

WHEREFORE, PREMISES CONSIDERED, Appellee, Pither Plumbing

Co., Inc., respectfully requests the court to extend the time for filing Appellee’s

Brief to and including February 16, 2015, and for such other and further relief to

which Appellee is justly entitled.

_____________________________________________________________________________________________ APPELLEE’S AGREED MOTION TO EXTEND TIME TO FILE BRIEF PAGE 3 Respectfully submitted,

/s/ Brett F. Miller T. JOHN WARD, Jr. State Bar No. 00794818 jw@wsfirm.com CLAIRE ABERNATHY HENRY State Bar No. 24053063 claire@wsfirm.com Brett F. Miller State Bar No. 24065750 bmiller@wsfirm.com WARD & SMITH LAW FIRM P. O. Box 1231 Longview, Texas 75606-1231 (903)757-6400 (Telephone) (903)757-2323 (Facsimile)

ATTORNEYS FOR APPELLEE

CERTIFICATE OF CONFERENCE

I hereby certified that I contacted counsel for Appellant, Ken W. Good, and

he agrees to this motion.

/s/ Brett F. Miller Brett F. Miller

_____________________________________________________________________________________________ APPELLEE’S AGREED MOTION TO EXTEND TIME TO FILE BRIEF PAGE 4 CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing document was filed

electronically. This document was served on all counsel who are deemed to have

consented to electronic service. Local Rule 3(c). Pursuant to TEX. R. APP. P.

9.5(b) and Local Rule 3(c)(2), all other counsel of record not deemed to have

consented to electronic service were served with a true and correct copy of the

foregoing by email, facsimile, or certified mail on this the 12th day of

January, 2015.

_____________________________________________________________________________________________ APPELLEE’S AGREED MOTION TO EXTEND TIME TO FILE BRIEF PAGE 5