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 6/11/2015 12:16:40 PM CATHY LUSK CLERK

NO. 12-14-00262-CV

CHARLES ALFORD AND § IN THE TWELFTH FILED IN MARY LOU ALFORD § 12th COURT OF APPEALS TYLER, TEXAS Plaintiffs, § 6/11/2015 12:16:40 PM § CATHY S. LUSK V. § COURT OF APPEALSClerk § ROBERT THOMAS § MCKEITHEN, EOG § RESOURCES, INC., AND § CENTRAL TEXAS LAND § SERVICES § Defendants. § TYLER, TEXAS

SECOND MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes Robert Thomas McKeithen, Appellee in the above styled

and numbered cause, and moves this Court to grant an additional extension

of time to file Appellee’s brief, pursuant to Rule 38.6 of the Texas Rules of

Appellate Procedure, and for good cause shows the following:

1. This case is an appeal from the 1ST Judicial District Court of San

Augustine County, Texas, of a real property case.

2. The case below was styled the Charles Alford and Mary Lou

Alford v. Robert Thomas McKeithen, EOG Resources, Inc. and Central Texas

Land Services, and numbered CV-12-9344.

3. The after a jury trial in which the jury found in favor of the

Appellees, the trial court signed a take nothing judgment.

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4. Appellant’s brief was filed on April 24, 2015.

5. Appellee requests a 15-day extension of the time to file his

Appellee’s Brief which is presently due on June 25, 2015. See TEX. R. APP. P.

4.1, 38.6.(b). The new due date would be July 10, 2015.

6. One prior extension for Appellee’s brief has been requested, and

one additional extension of time has been granted to EOG Resources, Inc.

and Central Texas Land Services.

10. Appellee relies on the following facts as good cause for the

requested extension:

Counsel has a brief in an accelerated appeal due Monday June 15, 2015,

in Cause No. 09-15-00185, ITIO T.V., P.V., and K.V., Children, pending in the

Ninth Court of Appeals of Texas. Counsel also has a divorce hearing

scheduled in Cause No. C1430027, ITMOTMO Catherine Russell and Gary

Lynn Russell, pending in the 420TH Judicial District Court of Nacogdoches

County, Texas, on that same day. Counsel is also attending an out-of-town

wedding for his niece on the weekend beginning June 19, 2015. Counsel was

in a bench trial in Cause No. C1228614, ITIO J.H.D., a Child, in the County

Court-at-Law of Nacogdoches County, Texas. Counsel had a temporary

hearing on June 10, 2015, in Cause No. C1530903, ITMOTMO Jeanette Rae

LaMont and Michael Hiromi LaMont and ITIO D.A.L. and L.N.L., Children,

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pending in the 420TH Judicial District Court of Nacogdoches County, Texas.

WHEREFORE, PREMISES CONSIDERED, Appellee prays that

this Court grant this Second Motion To Extend Time to File Appellee’s Brief,

and for such other and further relief as the Court may deem appropriate.

Respectfully submitted,

LAW OFFICES OF NOEL D. COOPER 117 North Street, Suite 2 Nacogdoches, Texas 75961 Telephone: (936) 564-9000 Telecopier: (936) 715-6022

By:/s/Noel D. Cooper Noel D. Cooper State Bar No. 00796397 Attorney for Robert Thomas McKeithen

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CERTIFICATE OF CONFERENCE

This is to certify that I have conferred with counsel for Appellants and

counsel for co-Appellees, and neither opposes this motion.

/s/Noel D. Cooper Noel D. Cooper

CERTIFICATE OF COMPLIANCE Pursuant to TEX. R. APP. P. 9.4(i)(3), I certify that this document is

computer generated and contains 388 words based on a computer word

count.

/s/Noel D. Cooper Noel D. Cooper

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CERTIFICATE OF SERVICE I certify that I delivered a copy of this Second Motion to Extend Time

to File Appellee’s Brief to each attorney of record or party in accordance

with the Texas Rules of Appellate Procedure on June 11, 2015, at the

addresses and manners below.

Tom Rorie Attorney for Charles Alford and Mary Lou Alford Attorney at Law 210 North Street Nacogdoches, Texas 75961 TEL: (936) 559-1188 FAX: (936) 559-0099 By Electronic Filing Manager

Jason R. Mills Attorney for EOG Resources, Inc. and Central Texas Land Services Freeman Mills PC 110 N. College, Suite 1400 Tyler, Texas 75702 TEL: (903) 592-7755 FAX: (903) 592-7787 By Electronic Filing Manager

/s/Noel D. Cooper Noel D. Cooper