City National Bank of Sulphur Springs v. John Alexander Smith

Opinion

ACCEPTED 06-15-00013-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS 10/28/2015 1:57:34 PM DEBBIE AUTREY CLERK

No. 06-15-00013-CV

IN THE FILED IN 6th COURT OF APPEALS COURT OF APPEALS TEXARKANA, TEXAS SIXTH DISTRICT OF TEXAS 10/28/2015 1:57:34 PM TEXARKANA DEBBIE AUTREY Clerk

C ITY N ATIONAL B ANK OF S ULPHUR S PRINGS, Appellant

v.

J OHN A LEXANDER S MITH, Appellee

On appeal from the District Court of Hopkins County, Texas 62nd Judicial District The Honorable Will Biard Presiding

APPELLEE’S AGREED MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF

TO THE HONORABLE COURT OF APPEALS:

JOHN ALEXANDER SMITH, Appellee in the above styled and numbered

cause, hereby moves the Court for an extension of time to file Appellee’s brief, and

would respectfully show unto the Court the following:

A. Introduction

1. Appellee is JOHN ALEXANDER SMITH.

2. Appellant is CITY NATIONAL BANK OF SULPHUR SPRINGS. Appellee’s Agreed M otion to Extend Time to File Appellee’s Brief Page 1 3. This motion is filed pursuant to Texas Rules of Appellate Procedure 10.5(b)

and 38.6(d), and within the time period permitted by said rules.

4. This motion is unopposed.

B. Argument and Authorities

5. The Court may grant Appellee additional time to file his brief under the

authority of Texas Rules of Appellate Procedure 10.5(b) and 38.6(d).

6. The current deadline for Appellee to file his brief is October 29, 2015.

7. Appellee requests an additional 30 days to file his brief, extending the time

until Saturday, November 28, 2015.

8. No prior extension of time to file this brief has been granted.

9. Appellee needs additional time to file his brief because other pressing

matters and deadlines, including pre-trial preparation in multiple cases set for trial

during the next several months and numerous other active litigation files, as well as

multiple hearings, meetings, and recent out-of-office commitments, have prevented

and will prevent Appellee’s undersigned counsel from devoting the time necessary

to complete preparation of the brief by the original deadline.

Prayer

10. For these reasons, Appellee respectfully asks the Court to grant an extension

of time to file his brief until November 28, 2015.

Appellee’s Agreed M otion to Extend Time to File Appellee’s Brief Page 2 Respectfully submitted,

/s/ J. Mark Sudderth J. Mark Sudderth Texas Bar No. 19461500 N OTEBOOM – T HE L AW F IRM 669 Airport Freeway, Suite 100 Hurst, Texas 76053 (817) 282-9700 (817) 282-8073 (facsimile) Sudderth@Noteboom.com

Attorneys for Appellee, John Alexander Smith

CERTIFICATE OF CONFERENCE

I certify that I have conferred with John R. Mercy, counsel for Appellants, and Appellants are unopposed to this motion to extend time.

/s/ J. Mark Sudderth J. Mark Sudderth

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the attached document been served upon all counsel record on the 28th day of October, 2015, via e-service, to the attorneys of record for Appellant City National Bank of Sulphur Springs as follows: John R. Mercy Mercy, Carter, Tidwell, L.L.P. 1724 Galleria Oaks Drive Texarkana, Texas 75503 E-mail: jmercy@texarkanalawyers.com

Appellee’s Agreed M otion to Extend Time to File Appellee’s Brief Page 3 Coy Johnson E-mail: coy@clayjohnsonlaw.com Clay Johnson E-mail: clay@clayjohnsonlaw.coim Johnson Law Firm, P.C. 609 Gilmer Street Sulphur Springs, Texas 75482 /s/ J. Mark Sudderth J. Mark Sudderth

Appellee’s Agreed M otion to Extend Time to File Appellee’s Brief Page 4