Cowboy's Retail & Wholesale Beverage Distribution, LLC, Kyle Gillin and Great American Treating, Inc. v. Peggye Davis, Jim Davis, Jay Davis and Richard L. Ray, Trustee

• Court: Court of Appeals of Texas
• Decided: March 12, 2015
• Docket: 12-14-00085-CV
• Status: Published

Opinion

ACCEPTED 12-14-00085-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 3/12/2015 4:45:01 PM CATHY LUSK CLERK

Case Number 12-14-00085-CV FILED IN 12th COURT OF APPEALS IN THE TYLER, TEXAS 3/12/2015 4:45:01 PM TWELFTH COURT OF APPEALS CATHY S. LUSK Clerk

TYLER, TEXAS

COWBOY'S RETAIL & WHOLESALE BEVERAGE DISTRIBUTION, LLC, KYLE GILLIN AND GREAT AMERICAN TREATING, INC.

Appellant,

v. PEGGYE DAVIS, JIM DAVIS, JAY DAVIS AND RICHARD L. RAY,

TRUSTEE,

Appellee.

APPELLEES' MOTION TO POSTPONE ORAL ARGUMENT

TO THE HONORABLE COURT OF APPEALS: Now comes PEGGYE DAVIS, JIM DAVIS, JAY DAVIS and RICHARD L.

RAY, Appellees and Movants herein, by and through their attorney of record,

Richard L. Ray, and files this their Motion To Postpone Oral Argument concerning

a setting for oral argument and submission on April 9, 2015 at 8:30 a.m., Page 1 Courtroom, First Floor, Cotton Belt Building, 1517 W. Front Street, Tyler, Texas

75702 and for grounds heretofore would show the Court as follows:

I.

That on March 2, 2015 at 6:02p.m., the Appellees and Movants received an

electronic notice from the Court setting the above referenced case for oral

argument on April 9, 2015 at 8:30a.m. A copy of this electronic notification is

attached hereto as Exhibit "A".

II.

That counsel for the Appellees, Peggye Davis, Jim Davis, Jay Davis and

Richard L. Ray, and Movants was previously set for an administrative hearing, at

9:00 a.m. in Dallas, Texas, at Dallas SSA, located at 12790 Merit Drive, Suite 500,

Room 2, Dallas.

Attached hereto as Exhibit "B" is a copy of the SSA notice which indicates

notice of the April9, 2015 hearing was sent on January 20, 2015.

That Brent Howard serves as co-counsel for Appellees.

III.

As a result the movant's counsel, who prepared the pending brief, cannot

appear at the setting for oral argument scheduled on Thursday, April9, 2015, at 8:30

a.m.

Page2 IV.

This motion to postpone oral argument is not made for purposes of delay but

so that justice may be done.

WHEREFORE, prays the Court that this case be postponed until a later date.

Respectfully submitted,

Peggye Davis, Jay Davis and Richard L. Ray Appellees and Movants

Is/ Richard L. Ray RICHARD L. RAY State Bar No. 16606300 RAY & THATCHER, ATTORNEYS AT LAW, P.C. 300 S. TRADE DAYS BLVD. CANTON, TEXAS 75103 903 567-2051 903 567-6998 (FAX) rlray@rayandthatcher.com ATTORNEY FOR MOVANTS

Page3 VERIFICATION

THE STATE OF TEXAS §

COUNTY OF VANZANDT §

Richard L. Ray, the Attorney for Peggye Davis, Jim Davis, Jay Davis and

Richard L. Ray, Appellees and Movants named above, being duly sworn, says:

1. That he is the attorney of record for Appellees and Movants in the above

styled and numbered cause;

2. That he is duly authorized to make this verification;

3. That he is familiar with the matters set forth in the Appellees' Motion To

Postpone Oral Argument; and

4. That the matters set forth in such are true to his know e

o before me, the

undersigned notary public, on this the 12th day of March, 2015.

(/~~ _ ddwVvh '( +----'----"'"""'----'------#- ~/ aula I. Landwermeyer Notary Public in and for the State of Texas My Commission Expires: 09-11-2017

Page4 CERTIFICATE OF SERVICE

CERTIFYING that a true and correct copy of the foregoing Motion to

Postpone Oral Argument has on this the 12th day of March, 2015, been forwarded

to the following counsel of record:

J. Bennett White J. Bennett White, P.C. P.O. Box 6250 Tyler, Texas 75703

Brent Howard Howard & Davis 100 E. Ferguson St., #1200 Tyler, Texas 75702.

Is/ Richard L. Ray RICHARD L. RAY

I I i Page 5 3/312015

Notice(s): 12-14-00085-CV 1 message

coa12noticing@txcourts.gov Mon, Mar 2, 2015 at 6:02PM To: rlray@rayandthatcher.com

You have received notice(s) for the following case(s):

12-14-00085-CV TC #60,086-B Cowboy's Retail & Wholesale Beverage Distribution, LLC, Kyle Gillin and Great American Treating, Inc. v. Peggye Da\is, Jim Da\is, Jay Da\is and Richard L. Ray, Trustee

Files +SUBMISSION_OA_FILECOPY.pdf

Thank you, Cathy S. Lusk 12th Court of Appeals

Do not reply to this message. If you have questions, please contact the Court at (903) 593-8471 .

.;.;r 1~ .,,~ +SUBMISSION_OA_FILECOPY.pdf 225K

htlps:llmail.google.com/maillu/OI?ui=2&ik=016dd8aa05&view=pt&search=all&th=14bdcf1824aa2617&siml=14bdcf1824aa2617 1/1 1'1LE COJ'Y

CHIEF JUSTICE CLERK JAMEST. WORTHEN CATHY S. LUSK

TwELFTH COURT OF APPEALS JUSTICES CHIEF STAFF ATTORNEY BRIAN HOYLE MARGARET HUSSEY GREG NEELEY

March 2, 2015 ~~~©1};11~)]) MAR 0 2 2015 Mr. Richard L. Ray Mr. J. Bennett White Ray & Thatcher, PC J. Bennett White, PC 300 S. Trade Days Blvd. P.O. Box 6250 (300 S. Hwy 19) Tyler, TX 75711 Canton, TX 7 5103 * DELIVERED VIA E-MAIL * * DELIVERED VIA E-MAIL * Mr. Brent Howard Howard & Davis, PC 100 East Ferguson Suite 1200 Tyler, TX 75702 * DELIVERED VIA E-MAIL * RE: Case Number: 12-14-00085-CV Ttial Court Case Number: 60,086-B

Style: Cowboy's Retail & Wholesale Beverage Distribution, LLC, Kyle Gillin and Great American Treating, Inc. v. Peggye Davis, Jim Davis, Jay Davis and Richard L. Ray, Trustee

Please be advised that this cause has been set for oral argument and submission as follows:

Date: April9, 2015 Time: 8:30AM Place: Courtroom, First Floor, Cotton Belt Building 1517 W. Front Street, Tyler, TX 75702

Any Motion for Continuance or Waiver of Argument must be filed on or before March 12, 2015.

Copies of opinions and accompanying orders or judgments are mailed to all counsel on the day they are delivered. The news media are provided with a list of all dispositions of the Court on the next business day. Opinions are normally available on LEXIS within 48 hours after delivery.

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If we can answer any questions or assist you with any additional accommodations, auxiliary aids or services, please do not hesitate to contact us. We look forward to seeing you.

Very truly yours,

CATHY S. LUSK, CLERK

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! ! •' "'"T"~ Allison S Genauer " 8 ., Suite 500 12790 Merit Dr. Dallas, TX 75251 ! Tel: (866)331-7135 /Fax: (972)341-5153 i • January 20, 2015 '• l' ' •' Allison S Genauer ' 255 MeadowcrestDrive Ten·ell, TX75160

NOTICE OF HEARING Please bring tlrls notice of lteruing witl1 you to tlte hearing.

I have scheduled your hearing for:

Day: Thursday Date: April9, 2015 Time: 9:00AM Central (CT)

Room: 6 'AddJ:ess: 12790 Merit Drive Suite 500 · Dallas, TX7:525l .

It Is Important Tlmt You Attend Yom· Healing

I have set aside this time for you to tell me about your case. If you do not attend the hearing and I do not fmd that you have a good reason, I may disnrlss your request for hearing. I may do so without giving you furlher notice.

You may ask us if you want to appear by telephone. I will grant your request if I find that extraordinary circumstances prevent you fiom appearing in person or by video teleconferencing.

You must bring valid picture identification (ID) to your hearing. Examples of acceptable picture ID include a:

• Current mid Yalill U.S. State dliYer's license; • U.S. State-issued identity card;

• Current U.S. passport; or

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