Billy Fitts and Freida Fitts v. Melissa Richards-Smith, the Law Firm of Gillam & Smith, LLP, E. Todd Tracy, and the Tracy Law Firm

Opinion

ACCEPTED

06-15-00017-CV

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS

06-15-00017-CV 5/7/2015 10:51:48 AM DEBBIE AUTREY

CLERK

No. 02-13-00359-CV

IN THE COURT OF APPEALS FOR THE FILED IN SIXTH DISTRICT OF TEXAS 6th COURT OF APPEALS TEXARKANA, TEXAS

AT TEXARKANA

5/7/2015 12:17:00 PM

________________________________________________________________________

DEBBIE AUTREY

Clerk

BILLY FITTS and FREIDA FITTS, Appellants,

v.

MELISSA RICHARDS-SMITH, THE LAW FIRM OF GILLAM & SMITH, LLP, E. TODD TRACY, and THE TRACY FIRM, Attorneys at Law, Appellees.

________________________________________________________________________

On Appeal from the 71st District Court of Harrison County, Texas Trial Court Cause No. 14-0150

_________________________________________________________________________

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLANTS

TO THE HONORABLE COURT OF APPEALS:

NOW COMES, Billy Fitts and Freida Fitts, Appellants herein, and pursuant to TEX.

R. APP. P. 10.5(b) and 55.7, files this Unopposed Motion for Extension of Time to File Brief

of Appellants, and as grounds therefor, would respectfully show this Honorable Court the

following:

1. Respondents’ Brief is currently due on Friday, May 8, 2015. Appellants

request an extension of thirty (30) days from that date to file their Brief, thereby extending

the deadline to Friday, June 5, 2015 to file Appellants’ Brief and would respectfully show

that the facts relied upon to reasonably explain the need for an extension are as follows:

2

(a) The complete Clerk’s Record was received on April 22, 2015. There had been

a previous submission of the Clerk’s Record, but the exhibits were not included. The Clerk’s

Record filed on April 22, 2015 included all of the exhibits attached to the motions for

summary judgments forming the basis of this appeal and necessary for completion of

Appellants’ Brief.

(b) Furthermore, since the appeal was commenced, a significant amount of the

undersigned attorney’s time has been and will be consumed by the following:

• Ms. Rames is co-counsel for a defendant in a criminal case that is currently set for jury trial in Tarrant County, Texas on Monday, May 11, 2015. A considerable amount of time has been spent in preparation for trial.

• Ms. Rames is appellate counsel for Appellees in Michele Schols v. Michell Anne Kimball and Kimball-Hicks Partnership currently pending in the Fifth Court of Appeals, Dallas, Texas, Case No. 05-15-00443-CV. Ms. Rames has also been involved in litigation and arbitration related to the underlying lawsuit.

• Ms. Rames is counsel for Plaintiffs in Philip Gregory Byrd, et al. v. Phillip Galyen, P.C., et al, in the 342nd District Court of Tarrant County, Texas, Case No. 199-02570-2013. The case was recently remanded from the Second Court of Appeals and petition denied by the Texas Supreme Court. A considerable amount of time has been spent on the matter.

2. No prior extensions have been requested or granted to Appellants.

3. This motion is not filed for delay purposes and will not prejudice Appellees.

4. CERTIFICATE OF CONFERENCE: On May 6, 2014, the undersigned

counsel for Appellants conferred with counsel for Appellees, Shawn Phelan and Lindsay

Nutt, concerning this motion, and the motion is unopposed.

3

Appellants Billy Fitts and Freida Fitts respectfully pray that this Court grant an

extension of time of thirty (30) days for filing Appellants’ Brief until Friday, June 5, 2015.

Respectfully submitted,

/s/ Lindsey M. Rames LINDSEY M. RAMES State Bar No. 24072295 RAMES LAW FIRM, P.C. Texas Bar No. 24072295 5661 Mariner Drive Dallas, TX 75237 Telephone: 214.884.8860 Facsimile: 888.482.8894 Email: lindsey@rameslawfirm.com

CARTER L. HAMPTON State Bar No. 08872100 HAMPTON & ASSOCIATES, P.C. 1000 Houston Street, Fourth Floor Fort Worth, TX 76102 Telephone: 817.877.4202 Facsimile: 817.877.4204 Email: clhampton@hamptonlawonline.com

ATTORNEYS FOR APPELLANTS

CERTIFICATE OF SERVICE

I, Lindsey M. Rames, the undersigned attorney, does hereby certify that the foregoing UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLANTS was served upon counsel for all Appellees via electronic service on May 7, 2015.

/s/ Lindsey M. Rames LINDSEY M. RAMES