C. Aubrey Smith and James D. Van Deventer v. A.B.S.H., Llc

Opinion

ACCEPTED 12-15-00227-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 12/1/2015 3:36:01 PM Pam Estes CLERK

CASE NO. 12-15-00227-CV IN THE FILED IN TWELFTH COURT OF APPEALS 12th COURT OF APPEALS TYLER, TEXAS TYLER, TEXAS 12/1/2015 3:36:01 PM PAM ESTES Clerk

C. AUBREY SMITH and JAMES D. VANDEVENTER APPELLANTS

V.

A.B.S .H., LLC APPELLEES

UNOPPOSED MOTION OF APPELLANTS FOR EXTENSION OF TIME TO FILE BRIEF

Appellants, C. AUBREY SMITH and JAMES D. VANDEVENTER,

request a fourteen (14) day extension of the deadline for filing their brief, pursuant

to Tex. R. App. P. 10.

1. The Clerk's Record in this matter was filed on September 21, 2015.

The Reporter's Record was filed on November 12, 2015. Accordingly, because

this is an accelerated appeal, December 2, 2015, is the current deadline for

Appellants to file their brief

2. Appellants request a fourteen (14) day extension to file their brief

3. Appellants have requested no previous extension of time in this

appellate cause. 4. Counsel for Appellants, Matthew T. Milam, requires additional time

in which to file their brief Counsel is currently preparing for a jury trial scheduled

for December 7, 2015, in Cause No. 62,604, Robert D. Eckeberger v. Lin T. Barker

and E.P.B.B. Investment Holdings, L.P., in the County Court at Law for Smith

County. The parties have estimated that the trial will last three days. Additionally,

the parties to this appeal have scheduled mediation with Mike Patterson for

Monday, December 14, 2015. An extension of time would allow the parties to this

appeal to attempt to resolve this matter prior to submitting briefing.

5. No party will be prejudiced by the extension requested herein.

6. M.G. Wooton, on behalf of A.B.S.H., LLC, conferred with Matthew

T. Milam, counsel for Appellants, on December 1, 2015, and indicated that

A.B.S.H., LLC, is unopposed to the extension requested by Appellants herein.

Such conference occurred in the presence of Vance Hendrix, counsel for A.B.S.H.,

LLC, in the underlying lawsuit. Mr. Hendrix has not made an appearance on

behalf of A.B.S.H., LLC in this appeal. ABSH, LLC, has not yet retained

separate appellate counsel.

Prayer for Relief

Therefore, Appellants respectfully request that this Court issue an Order

granting the extension of time for the filing of the Appellants' brief in the above

case to December 16, 2015.

2 Respectfully submitted this 1st day of December, 2015.

WILSON, ROBERTSON & CORNELIUS, P.C. One American Center 909 ESE Loop 323, Suite 400 [01] P.O. Box 7339 Tyler, Texas 75711-7339 Telephone: 903/509-5000 Telecopier: 903/509-5091

By: /s/Matthew T. Milam Matthew T. Milam State Bar No. 24065746 mmilam@wilsonlawfirm.com Attorneys for Appellants C Aubrey Smith and James D. VanDeventer

CERTIFICATE OF SERVICE

I hereby certify that pursuant to Rule 9.5, Texas Rules of Appellate Procedure, that a true and correct copy of the foregoing pleading was served upon the following counsel electronically, through the electronic filing manager, on this the 1st day of December, 2015:

Vance E. Hendrix, E-mail: vancehendrixpc@gmail.com Attorney at Law 215 Winchester Drive, Suite 110 Tyler, Texas 75701

/s/ Matthew T. Milam MATTHEW T. MILAM

3 CERTIFICATE OF CONFERENCE

Before filing this motion, Matthew T. Milam, the attorney for Appellants, conferred with Appellee as indicated in Paragraph 6 herein. A.B.S.H., LLC does not oppose this Motion.

VERIFICATION

I swear or affirm that the facts stated herein are true and correct.

MATTHEW T. MILAM

STATE OF TEXAS

COUNTY OF SMITH

BEFORE ME, the undersigned official, on this day personally appeared Matthew T. Milam, known to me to be the person whose name is subscribed to the foregoing document, and being by me first duly sworn, declared that the statements therein contained are true and correct.

SUBSCRIBED AND SWORN TO BEFORE ME this 1st day of December, 2015.

MARY M. SKEETERS Notary Public STATE OF TEXAS Notary ublicl S to of exas My Comm. Exp.02-27-2018