City National Bank of Sulphur Springs v. John Alexander Smith

Court of Appeals of Texas·Decided September 15, 2015·No. 06-15-00013-CV·Published

Opinion

ACCEPTED 06-15-00013-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS 9/15/2015 2:26:37 PM DEBBIE AUTREY CLERK

NO. 06-15-00013-CV IN THE COURT OF APPEALS FOR THE FILED IN SIXTH DISTRICT OF TEXAS 6th COURT OF APPEALS TEXARKANA, TEXAS AT TEXARKANA 9/15/2015 2:26:37 PM DEBBIE AUTREY Clerk CITY NATIONAL BANK OF SULPHUR SPRINGS. . . . . . . . . . . . APPELLANT

V.

JOHN ALEXANDER SMITH. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . APPELLEE

UNOPPOSED SECOND MOTION TO EXTEND TIME FOR FILING BRIEF OF APPELLANT, CITY NATIONAL BANK OF SULPHUR SPRINGS

TO THE HONORABLE COURT OF APPEALS:

Appellant, CITY NATIONAL BANK OF SULPHUR SPRINGS, files this

unopposed motion requesting an extension of time to file its Brief of Appellant, and

would show unto the Court the following:

I.

This is Appellant’s second request for an extension of time in which to file its

brief. Appellant’s brief is due to be filed on September 16, 2015.

II.

The brief for Appellant is substantially complete, however, due to other

commitments counsel has been unable to adequately review the record, complete

research, and finalize the brief in this case. Those commitments include: 1. Serving as mediator in Matthew Sankovich v. Grecian Hotels, LLC, et al, No. 2011C-1405 in the 3rd Judicial District Court, Henderson County, Texas;

2. Attendance at hearing in Brandi Williams v. Tillerd Ardean Smith, et al, No. 12-0889 in the 71st Judicial District Court, Harrison County, Texas;

3. Attendance at depositions in Cristina Jordan Vega v. Pedro Cano d/b/a Cano’s Tax Service, Cause No. 33,435 in the 76th/ 276th District Court of Titus County, Texas;

4. Serving as mediator in Earline Lahman and Randy Lahman v. Cape Fox Corporation and Nationwide Provider Solutions, LLC, Cause No. 84414 in the 62nd District Court of Lamar County, Texas;

5. Assist in preparation of Respondents’ Brief on the Merits in Petrohawk Properties, L.P. and P-H Energy, L.L.C. v. Noel Diane Jones, et al, No. 15-0200 in the Supreme Court of Texas.

III.

Therefore, Appellant would request an extension of fourteen (14) days in which

to file its brief. The requested extension should not in the ordinary course of

procedure in this court delay oral argument and submission and is not requested for

delay but that justice be served.

WHEREFORE, PREMISES CONSIDERED, Appellant , CITY NATIONAL

BANK OF SULPHUR SPRINGS, prays that the time for filing its appellate brief be

extended fourteen (14) days until September 30, 2015.

Unopposed Second Motion to Extend Time for Filing Brief of Appellant, City National Bank of Sulphur Springs – Page 2 Respectfully submitted,

/s/ John R. Mercy John R. Mercy State Bar No. 13947200 MERCY p CARTER p TIDWELL, L.L.P. 1724 Galleria Oaks Drive Texarkana, TX 75503 Telephone: (903) 794-9419 Facsimile: (903) 794-1268 E-mail: jmercy@texarkanalawyers.com

Coy Johnson State Bar No. 10698000 Email: coy@clayjohnsonlaw.com Clay Johnson State Bar No. 24007450 Email: clay@clayjohnsonlaw.com JOHNSON LAW FIRM, P.C. 609 Gilmer Street Sulphur Springs, TX 75482-4121 Telephone: (903) 885-8866 Facsimile: (903) 584-1313

ATTORNEYS FOR APPELLANT, CITY NATIONAL BANK OF SULPHUR SPRINGS

Unopposed Second Motion to Extend Time for Filing Brief of Appellant, City National Bank of Sulphur Springs – Page 3 CERTIFICATE OF CONFERENCE

I have contacted J. Mark Sudderth, Attorney for Appellee, regarding the relief sought by this motion and he does not oppose the motion.

/s/ John R. Mercy John R. Mercy

CERTIFICATE OF SERVICE

I hereby certify that the foregoing Unopposed Second Motion to Extend Time for Filing Briefs of Appellant, City National Bank of Sulphur Springs, has been served via e-service on:

Mr. J. Mark Sudderth NOTEBOOM LAW FIRM 669 Airport Freeway, Suite 100 Hurst, TX 76053-3698 Email: sudderth@noteboom.com

Coy Johnson Email: coy@clayjohnsonlaw.com Clay Johnson Email: clay@clayjohnsonlaw.com JOHNSON LAW FIRM, P.C. 609 Gilmer Street Sulphur Springs, TX 75482-4121

this the 15th day September, 2015.

/s/ John R. Mercy John R. Mercy

Unopposed Second Motion to Extend Time for Filing Brief of Appellant, City National Bank of Sulphur Springs – Page 4

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ACCEPTED 06-15-00013-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS 9/15/2015 2:26:37 PM DEBBIE AUTREY CLERK

V.

JOHN ALEXANDER SMITH. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . APPELLEE

UNOPPOSED SECOND MOTION TO EXTEND TIME FOR FILING BRIEF OF APPELLANT, CITY NATIONAL BANK OF SULPHUR SPRINGS

TO THE HONORABLE COURT OF APPEALS:

Appellant, CITY NATIONAL BANK OF SULPHUR SPRINGS, files this

unopposed motion requesting an extension of time to file its Brief of Appellant, and

would show unto the Court the following:

I.

This is Appellant’s second request for an extension of time in which to file its

brief. Appellant’s brief is due to be filed on September 16, 2015.

II.

The brief for Appellant is substantially complete, however, due to other

commitments counsel has been unable to adequately review the record, complete

2. Attendance at hearing in Brandi Williams v. Tillerd Ardean Smith, et al, No. 12-0889 in the 71st Judicial District Court, Harrison County, Texas;

3. Attendance at depositions in Cristina Jordan Vega v. Pedro Cano d/b/a Cano’s Tax Service, Cause No. 33,435 in the 76th/ 276th District Court of Titus County, Texas;

4. Serving as mediator in Earline Lahman and Randy Lahman v. Cape Fox Corporation and Nationwide Provider Solutions, LLC, Cause No. 84414 in the 62nd District Court of Lamar County, Texas;

5. Assist in preparation of Respondents’ Brief on the Merits in Petrohawk Properties, L.P. and P-H Energy, L.L.C. v. Noel Diane Jones, et al, No. 15-0200 in the Supreme Court of Texas.

III.

Therefore, Appellant would request an extension of fourteen (14) days in which

to file its brief. The requested extension should not in the ordinary course of

procedure in this court delay oral argument and submission and is not requested for

delay but that justice be served.

WHEREFORE, PREMISES CONSIDERED, Appellant , CITY NATIONAL

BANK OF SULPHUR SPRINGS, prays that the time for filing its appellate brief be

extended fourteen (14) days until September 30, 2015.

Unopposed Second Motion to Extend Time for Filing Brief of Appellant, City National Bank of Sulphur Springs – Page 2 Respectfully submitted,

ATTORNEYS FOR APPELLANT, CITY NATIONAL BANK OF SULPHUR SPRINGS

Unopposed Second Motion to Extend Time for Filing Brief of Appellant, City National Bank of Sulphur Springs – Page 3 CERTIFICATE OF CONFERENCE

I have contacted J. Mark Sudderth, Attorney for Appellee, regarding the relief sought by this motion and he does not oppose the motion.

/s/ John R. Mercy John R. Mercy

CERTIFICATE OF SERVICE

I hereby certify that the foregoing Unopposed Second Motion to Extend Time for Filing Briefs of Appellant, City National Bank of Sulphur Springs, has been served via e-service on:

Mr. J. Mark Sudderth NOTEBOOM LAW FIRM 669 Airport Freeway, Suite 100 Hurst, TX 76053-3698 Email: sudderth@noteboom.com

Coy Johnson Email: coy@clayjohnsonlaw.com Clay Johnson Email: clay@clayjohnsonlaw.com JOHNSON LAW FIRM, P.C. 609 Gilmer Street Sulphur Springs, TX 75482-4121

this the 15th day September, 2015.

/s/ John R. Mercy John R. Mercy

Unopposed Second Motion to Extend Time for Filing Brief of Appellant, City National Bank of Sulphur Springs – Page 4

City National Bank of Sulphur Springs v. John Alexander Smith, (Tex. Ct. App. 2015).

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