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 6/26/2015 3:08:41 PM

DEBBIE AUTREY

CLERK

No. 06-15-00017-CV

IN THE COURT OF APPEALS FOR THE FILED IN 6th COURT OF APPEALS

SIXTH DISTRICT OF TEXAS TEXARKANA, TEXAS AT TEXARKANA 6/26/2015 3:08:41 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 APPELLEES

TO THE HONORABLE COURT OF APPEALS:

Melissa Richards-Smith and the Law Firm of Gillam & Smith, LLP

(Appellees) file this Unopposed Motion for Extension of Time to File Appellees’

Brief and would respectfully show:

Appellants filed their brief on June 8, 2015, making Appellees’ brief due on

July 8, 2015. See Tex. R. App. P. 38.6(b). Appellees wish to extend that deadline

by thirty days, or until August 7, 2015. See Tex. R. App. P. 38.6(b). This is

Appellees’ first request for an extension of time to file its Appellees’ Brief.

This extension of time is necessary because the attorney primarily

responsible for drafting the brief, Wade Crosnoe, will be on a previously scheduled

vacation on the current filing deadline and the preceding holiday weekend.

Additionally, Mr. Crosnoe’s work on other cases will prevent him from preparing

the brief by the current deadline, including (1) drafting of post-submission briefing

invited by the Court in an appeal styled Allstate Insurance Co., et al. v. Michael

Kent Plambeck, D.C., et al., No. 14-10574, in the United States Court of Appeals

for the Fifth Circuit; and (2) work on various responses and replies in connection

with a motion to compel discovery and a motion to strike objections, and

attendance at the June 16, 2015 hearing on those motions, in a case styled Munif

Ali Gattas Bultaif, et al. v. Bridgestone/Firestone, Inc., et al., Cause No. 04-6262-

J, in the 191st District Court of Dallas County, Texas.

Appellants Billy Fitts and Freida Fitts are not opposed to this motion.

Appellees E. Todd Tracy and the Tracy Firm are also unopposed.

For these reasons, Appellees respectfully request that the Court grant this

motion and extend the deadline to file its Brief until August 7, 2015. Appellees

also request all other relief to which it is justly entitled.

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Respectfully submitted,

THOMPSON, COE, COUSINS & IRONS L.L.P.

By: /s/ Wade Crosnoe Wade C. Crosnoe State Bar No. 00783903

701 Brazos, Suite 1500 Austin, TX 78701 Telephone: (512) 703-5078 Fax: (512) 708-8777 E-mail: wcrosnoe@thompsoncoe.com

Shawn W. Phelan State Bar No. 00784758 Plaza of the Americas 700 N. Pearl Street, Twenty-Fifth Floor Dallas, TX 75201-2832 Telephone: (214) 871-8245 Telecopy: (214) 871-8209 E-Mail: sphelan@thompsoncoe.com

Attorneys for Appellees Melissa Richards- Smith and Law Firm of Gillam & Smith, LLP

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CERTIFICATE OF SERVICE

I certify that a true and correct copy of this Unopposed Motion for Extension of Time to File Brief of Appellees was served on June 26, 2015, via electronic service or email, to the following counsel:

Lindsey M. Rames Rames Law Firm, P.C. 5661 Mariner Drive Dallas, TX 75237 Telephone: 214.884.8860 Facsimile: 888.482.8894 Email: lindsey@rameslawfirm.com

Carter L. Hampton 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, Billy Fitts and Freida Fitts

Bruce A. Campbell Campbell & Chadwick 4201 Spring Valley Road, Suite 1250 Dallas, TX 75244 Attorney for Appellees E. Todd Tracy and The Tracy Firm, Attorneys at Law

/s/ Wade C. Crosnoe Wade C. Crosnoe