Brammer Petroleum, Inc. v. Bagley Minerals, L.P., Billy McFadden, and Arthur McFadden

• Court: Court of Appeals of Texas
• Decided: November 24, 2015
• Docket: 06-15-00091-CV
• Status: Published

Opinion

ACCEPTED 06-15-00091-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS 11/24/2015 9:43:46 AM DEBBIE AUTREY CLERK

NO. 06-15-00091-CV

FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 11/24/2015 9:43:46 AM DEBBIE AUTREY IN THE SIXTH COURT OF APPEALS Clerk

TEXARKANA, TEXAS

ON APPEAL FROM THE COUNTY COURT AT LAW

PANOLA COUNTY, TEXAS

TRIAL COURT NUMBER 2013-457

BRAMMER PETROLEUM, INC.,

APPELLANT

v. BAGLEY MINERALS, L.P., BILLY MCFADDEN AND ARTHUR MCFADDEN, APPELLEES

JOINT MOTION TO EXTEND TIME TO FILE BRIEFS

In accordance with Texas Rules of Appellate Procedure 10.5 and 38.6(d),

Appellant Brammer Petroleum, Inc. and Appellees Bagley Minerals, L.P., Billy

McFadden and Arthur McFadden (collectively referred to herein as “the Parties”)

file this Joint Motion for Extension of Time to File Briefs as follows:

HOULITIGATION:1438938.1 1

I.

Appellant’s Brief is currently due on or before December 23, 2015.

Appellant request an extension of the deadline to file its brief. If granted,

that would make Appellant’s Brief due on or before Friday, January 22, 2016.

This is Appellant’s first requested extension of its briefing deadline.

Following the Rules thereafter, Appellee’s Brief would then be due on

February 22, 2016 and any Reply Brief by Appellant would be due on March 14,

2016.

II.

Appellant Brammer Petroleum, Inc. requests this extension because its

appellate counsel is preparing for 3-4 day jury trial in Cause No. 2013-36621A

styled Lawsky v. SureTec Insurance Co., in the 61st District Court of Harris

County set for trial on December 7, 2015. Further, a significant portion of

Appellee’s response time would fall during the holidays. All counsel for the

Parties need this extension due to the press of numerous other business and

litigation matters. Allowing Appellees an extension on its brief would provide for

a single briefing schedule.

III.

The parties have conferred, and Appellees do not oppose and join in the

requested extension.

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IV.

The Court may grant an extension of time to file a brief under the authority

of Texas Rule of Appellate Procedure 10.5(b). Because this is an unopposed joint

motion to extend time to file a brief, it may be determined by the Court without

waiting the 10-day submission delay. See Tex. R. App. P. 10.3(a)(1)-(2).

WHEREFORE, Appellees request an extension for filing their briefs,

making the Appellees’ Briefs due on or before January 22, 2016.

Respectfully submitted,

/s/ Konor Cormier Konor A. Cormier State Bar No. 24040731 MehaffyWeber, P.C. One Allen Center 500 Dallas, Suite 1200 Houston, Texas 77002 Phone: (713) 655-1200 Facsimile: (713) 655-0222 Counsel for Appellant Brammer Petroleum, Inc.

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/s/ J. Don Westbrook J. Don Westbrook State Bar No. 24040731 Coghlan Crowson 1127 Judson Road Suite 211 Longview, TX 75601 Phone: (903) 758-5543 Facsimile: (903) 753-6989 Counsel for Appellees

CERTIFICATE OF SERVICE I hereby certify that on November 24th, 2015, a true and correct copy of this Motion was served in accordance with the Texas Rules of Appellate Procedure by electronic filing and/or first-class U.S. mail to all known counsel of record.

/s/ Konor Cormier

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