Consolidated Property Interests, LLC v. Penny Payne

Opinion

ACCEPTED 12-15-00105-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 11/30/2015 1:59:32 PM Pam Estes CLERK

No. 12-15-00105-CV FILED IN In the Twelfth Court of Appeals 12th COURT OF APPEALS TYLER, TEXAS Tyler, Texas 11/30/2015 1:59:32 PM PAM ESTES 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 REPLY 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 its reply brief by 21 days, to and including Monday,

December 21, 2015.

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

The following information supports this request.

(i) Appellant’s reply brief is currently due to be filed November 30, 2015.

(ii) Appellant requests that the deadline for filing its brief be extended by 21

days, to and including Monday, December 21, 2015.

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

2. Facts Explaining the Need to Extend the Briefing Deadline

Counsel is unable to complete the reply 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. 14-0135, Margaret Taylor Riess and Barrett Riess vs. Petroreal, Inc.,

James E. Hightower, and Lynn Bryant, In the 3rd District Court of

Houston County, Texas (summary-judgment);

(ii) No. 12-0517, Harleton Oil & Gas, Inc. v. Frank M. Bufkin, III, et al., In

the 71st Judicial District Court of Harrison County, Texas (summary-

judgment);

(iii) No. 12-14-00288-CV, J. Mark Swinnea v. ERI Consulting Engineers, Inc.

and Larry Snodgrass, In the Twelfth Court of Appeals, Tyler, Texas (oral

argument); and

(iv) No. 12-14-00323, David Tubb and Superior Shooting System, Inc. v. Aspect

International, Inc. and James Sterling, In the Twelfth Court of Appeals,

Tyler, Texas (oral argument).

3.

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

to ensure that Appellant’s reply 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.

3 5. Conclusion and Prayer

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

extend the time for filing its appellant’s reply brief by 21 days, to and including

Monday, December 21, 2015.

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

4 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 30th day of November, 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