Consolidated Property Interests, LLC v. Penny Payne

Opinion

ACCEPTED 12-15-00105-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 7/9/2015 4:20:05 PM CATHY LUSK CLERK

No. 12-15-00105-CV FILED IN In the Twelfth Court of Appeals 12th COURT OF APPEALS TYLER, TEXAS Tyler, Texas 7/9/2015 4:20:05 PM CATHY S. LUSK Clerk

CONSOLIDATED PROPERTY INTERESTS, LLC Appellant

v.

JERRY PAYNE AND PENNY PAYNE Appellees

Appealed from the 273rd Judicial District Court Sabine County, Texas

UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF

Brent L. Watkins Greg Smith Texas Bar No. 24033312 Texas Bar No. 18600600 SKELTON SLUSHER RAMEY & FLOCK, P.C. 1616 S. Chestnut 100 E. Ferguson, Suite 500 Lufkin, Texas 75902 Tyler, Texas 75702 Telephone: 936-632-2300 Telephone: 903-597-3301 Facsimile: 936-632-6545 Facsimile: 903-597-2413 bwatkins@skeltonslusher.com gsmith@rameyflock.com

ATTORNEYS FOR APPELLANT TO THE HONORABLE COURT OF APPEALS:

Appellant Consolidated Property Interests, LLC, asks the Court to extend

the time for filing appellant’s brief by 30 days to and including Wednesday,

August 12, 2015.

1. Information Required by Rule 10.5, Tex. R. App. P.

The following information supports this request.

(i) Appellant’s brief is currently due to be filed July 13, 2015.

(ii) Appellant requests that the deadline for filing its brief be extended by 30

days to and including Wednesday, August 12, 2015.

(iii) This is Appellant’s first request to extend the briefing deadline.

2. Facts Explaining the Need to Extend the Briefing Deadline

Counsel is unable to complete the appellant’s brief and secure the necessary

client review and approval by the current deadline. Besides work on this brief,

Greg Smith, lead counsel on appeal, has been and will be required to divide his

available briefing time among the following matters:

2 (i) No. 14-15-00354-CV, Petrofac Facilities Management International Limited and

Petrofac Brownfield, Ltd. vs. IMMI Turbines, Inc., In the Fourteenth Court of

Appeals, Houston, Texas (appellants’ brief); and

(ii) No. 14-0135, Margaret Taylor Riess and Barrett Riess v. Petro Real, Inc.; James E.

Hightower; and Lynn Bryant, In the 3rd District Court of Houston County,

Texas (summary-judgment briefing).

3.

This motion is not sought solely for delay, but in the interest of justice and

to ensure that Appellant’s brief sufficiently aids the Court’s decisional process.

4. Conference with Opposing Counsel

John Seale, counsel for Appellees, states that the relief requested in this

motion is unopposed.

5. Conclusion and Prayer

Appellant, Consolidated Property Interests, LLC, prays that the Court would

extend the time for filing its appellant’s brief by 30 days to and including

Wednesday, August 12, 2015.

3 Respectfully submitted,

/s/ Greg Smith Greg Smith State Bar No. 18600600 RAMEY & FLOCK, P.C. 100 East Ferguson, Suite 500 Tyler, TX 75702 Telephone: (903) 597-3301 Facsimile: (903) 597-2413 gsmith@rameyflock.com

Brent L. Watkins State Bar No. 24033312 SKELTON SLUSHER 1616 S. Chestnut Lufkin, TX 75902 Telephone: (936) 632-2300 Facsimile: (936) 632-6545 bwatkins@skeltonslusher.com

COUNSEL FOR APPELLANT

Certificate of Service

The undersigned certifies that a copy of the above and foregoing document

was served upon counsel for Appellees in accordance with the applicable Texas

Rules of Civil Procedure on this the 9th day of July, 2015, on the following:

Efiling – katiemorgan@yahoo.com John H. Seale Attorney at Law P. O. Box 480 Jasper, TX 75951

/s/ Greg Smith Greg Smith 4