Charles Alford and Mary Lou Alford v. Robert Thomas McKeithen, EOG Resources, Inc. and Central Texas Land Services

Opinion

ACCEPTED

12-14-00262

TWELFTH COURT OF APPEALS

TYLER, TEXAS

3/25/2015 5:00:12 PM

CATHY LUSK

CLERK

NO. 12-14-00262-CV

FILED IN

12th COURT OF APPEALS

IN THE TYLER, TEXAS TWELFTH COURT OF APPEALS 3/25/2015 5:00:12 PM AT TYLER, TEXAS CATHY S. LUSK Clerk

CHARLES ALFORD and MARY LOU ALFORD, Appellants

VS.

ROBERT THOMAS MoKEITHEN, EOG RESOURCES, INC. and CENTRAL TEXAS LAND SERVICES, Appellees

Appealed from the District Court of San Augustine County, Texas

MOTION FOR EXTENSION OF'TIME TO F'ILE APPELLANTS' BRIEF

TO THE HONORABLE JUDGES OF SAID COURT:

The undersigned counsel for Appellants in this proceeding, Charles Alford and Mary Lou Alford, move the Court for an extension of time to file their Appellants' Brief in this proceeding, and in support of that request show as follows:

A. Introduction

1. Appellants are Charles Alford and Mary Lou Alford. Appellees are Robert Thomas McEachern, EOG Resources, Inc., and Central Texas Land Services.

2. No rule limits the time within which to file this motion to extend. See Tnx.R.App.P.

38.6(d).

3. The parties have agreed to this motion.

B. Argument and Authorities 4. The Court has the authority under TexRs Rul-B oF AIIELLATE PRocEDURE 38.6(d)

to extend the time to file the brief.

5. Appellants' brief is due on March 26,2015.

6. Appellants request an additional thirfy (30) days to file their brief, extending the time until April 24,2015.

7. No extension has been granted to extend the time to file Appellants' brief.

8. Appellants need additional time to file their briefbecause Appellants' counsel has had three briefs to research and prepare in the past few weeks in addition to his trial schedule and requires additional time to do his research on this brief.

WHEREFORE, the undersigned counsel for Appellants inthis proceeding moves the Court to extend the time for a response until April24,2015.

Page2

Respectfully submitted,

State Bar No. 17238000

210 North Street

Nacogdoches, TX 75961

(936) 5s9-1 188

(936) 559-0099 Fax

ATTORNEY F'OR APPELLANTS

CERTIFICATE OF CONFERENCE,

On March 24,2015, counsel for Appellants wrote to counsel for Appellees in this case regarding filing this Motion for Extension to File. Counsel for Appellee McKeithen does not oppose this motion. Counsel for Appellants has not received a reply from Counsel for Appellees EOG Resources,Inc. and Central Texas Land Services.

a'g"

Tom Rorre

-/

CERTIFICATE OF SERVICE

I certifr that a copy of the foregoing document has been served on counsel for Appellees this day of March,2015,by e-file notice and by facsimile, to-wit:

Mr. Jason R. Mills

Mr. Graham K. Simms

Facsimile (903) 592-7 7 87

Mr. Noel D. Cooper

Law Offices of Noel D. Cooper Facsimile (93 6) 7 | 5 -6022

Mr. Bill McWhorter

Bill McWhorter & Associates Facsimile (93 6) 5 64-645 5

Page 3

NO. 12-14-00262-CV

IN THE

TWELFTH COURT OF APPEALS

AT TYLER, TEXAS

CHARLES ALFORD and MARY LOU ALFORD, Appellants

VS.

ROBERT THOMAS MoKEITHEN, EOG RESOURCES, INC. and CENTRAL TEXAS LAND SERVICES, Appellees

Appealed from the District Court of San Augustine County, Texas

ORDER GRANTING EXTENSION OF TIME TO F'ILE APPELLANTSO BRIEF'

ON THIS DAY came on to be heard the Motion for Extension of Time to File Appellants'

Brief, and having heard said motion the Court rules that it is hereby GRANTED. It is, therefore, ORDERED, ADJUDGED and DECREED that Appellants' Brief is due onApril24,2015.

SIGNED this _ day of 20t5.

JUDGE PRESIDING