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 of Appeals of Texas·Decided April 23, 2015·No. 12-14-00085-CV·Published

Opinion

ACCEPTED

12-14-00085-CV

TWELFTH COURT OF APPEALS

TYLER, TEXAS

4/23/2015 4:09:40 PM

CATHY LUSK

CLERK

Case Number 12-14-00085-CV FILED IN

12th COURT OF APPEALS

IN THE TYLER, TEXAS 4/23/2015 4:09:40 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,

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

TRUSTEE,

Appellee.

APPELLEES' SECOND 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 Second Motion To Postpone Oral Argument

concerning a setting for oral argument and submission on Tuesday, May 12, 2015 at Page 1 8:30 a.m., 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 19, 2015 at 6:01 p.m., the Appellees and Movants received

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

argument on May 12, 2015 at 8:30a.m. A copy of this electronic notification is

attached hereto as Exhibit "A".

II.

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

Davis and Richard L. Ray, was previously set for Pre-Trial hearing in VanZandt

County Court at Law at 9:00 a.m. in Canton, Texas; and for three (3) administrative

hearings, at 10:00, 10:45, and 11:30 a.m. in Dallas, Texas, at Dallas SSA, located at

12790 Merit Drive, Suite 500, Room 3.

Attached hereto as Exhibit "B" is a copy of the Scheduling Order and the

three (3) SSA notices which indicate notice of the Pre-Trial hearing was sent on

October 3, 2014, and the SSA notices were sent on March 12,2015.

That Brent Howard serves as co-counsel for Appellees.

III.

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

Page2

appear at the setting for oral argument scheduled on Tuesday, May 12, 2015, at 8:30

a.m.

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, Jim 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

Brent Howard State Bar No. 10062600 HOWRD & DAVIS 100 E. Ferguson St. #1200 Tyler, Texas 75202 (903) 533-9997 (903) 533-0260 (FAX) bhoward@hbdtyler.com

ATTORNEYS FOR APPELLEES AND 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' Second ( Motion To Postpone Oral Argument; and

blic, on this the

.//)- r

/~ / " . li / /// (/ . )!/ /·b~ ~Y·.( )(r}A?.d!~trWgt~/ Yaula 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 Appellees'

Second Motion to Postpone Oral Argument has on this the 22nd day of April, 2015,

been forwarded to the following counsel of record:

I. Bennett White I. 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

Page 5

CERTIFICATE OF CONFERENCE

I, Richard L. Ray, do hereby certify that I attempted to conference with J.

Bennett White of the firm J. Bennett White, P.C., counsel for Appellants concerning the Appellees' Second Motion to Postpone Oral Argument on April 23, 2015. Mr. White was not available so I left a message for him to return. To date and time, no response has been received.

Is/ Richard L. Ray

RICHARD L. RAY

Page6

3/20/2015

Richard Ray <rlray@rayandthatcher.com>

( Notice(s): 12-14-00085-CV 1 message ·-------------- COA12Noticing@txcourts.gov <GOA 12Noticing@txcourts.g0\t> Thu, Mar 19, 2015 at 6:01 PM 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~s. Jim Da~s. Jay Da~s and Richard L. Ray, Trustee

Files MT POSTPONE OA DISP_ANT-APP _GRANT_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.

t9 MT POSTPONE OA DISP_ANT-APP_GRANT_FILECOPY.pdf ' 225K

hHps://mall.google.corn'mall/u/O/?ui=2&i~016ddBaa05&~ew=pt&search=inbox&th=14c3445121bB96d7&siml=14c3445121b896d7 1/1

FILE COPY

(

CHJEP JUSTICE CLERK JAMEST. WORTHEN CATHY S. LUSK

TWELFTH COURT OF APPEALS

JUSTICES CHJBFSTAFF ATTORNEY BRIAN HOYLE MARGARET HUSSEY GREG NEELEY

Thursday, March 19,2015

Mr. Richard L. Ray Mr. J. Bennett White Ray & Thatcher, PC J. Bennett White, PC 300 S. Trade Days Blvd. P.O. Box6250 (300 S. Hwy 19) Tyler, TX 75711 Canton, TX 75103 *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 Trial 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

You are hereby notified that in the above-described case, the following decision and order was this day made and entered by this Court:

"THIS DAY came on to be considered Appellee's Motion to Postpone Oral Argument herein; and the same being inspected, it is ORDERED that said motion be, and hereby is, GRANTED, and that oral argument will be set Tuesday, May 12,2015@ 8:30am."

Very truly yours,

CATHY S. LUSK, CLERK

( 1517WESTFRONTS'rREET o SUITE354 • TYLER, TX75702 o TEL:903-593-8471 • FAX:903-593-2193 Serving Anderson~ Angelina~ CherokeeJ Gregg HendersonJ Houston Nacogdoches_ Rains._ Rusk; Sabine_ San Augustine, Shelb~ Smith, Trinity; lfpshur. Van Zandt and Wood Coundes

http://www.txcourts.gov/12thcoa.aspx

RECEIVED 10/03/2014 03:24PM 9035676998 ,.

RAY AND THATCHER

Oct. 3. 2014 3:39PM ( l No. 1594 P. 1/3

( ~.a'' ~©~llWJE!])

OCT 0 6 2014

CAUSE NO. CV04799 ,/JP LARRY WAYNE TllOMAS § TllE COUNTY COURT § §

vs. § ATLAWOF § §

DEWAYNE ANDERSON § VANZANDT COUNTY, TEXAS

SCHEDULING ORDER

JURY TRIAL

ln an effort to assist in the disposition of this case without undue bmden or expense to the patties, the Court finds that the following Scheduling Order will facilitate the fair, timely, and responsible resolution of the above numbered cause, and therefore, IT IS ORDERED that the following case settings and deadlines apply:

May 20,2015 Jury Trial is set to begin at 8:30a.m. on the dates specified,

( Mfly 12. 2015 Pretrial is set for 9:00 a.m. on the date specified and at such time each paliy shall submit the following:

Witness list; Exhibit list; Proposed "Charge ofthe Court" ready for submission lo the jury, along with an electronic copy in Microsoft Word fonnar on flosh drive; Motion in Limine; Deposition designations; Eind Concise written statement of significant legal and/or e'Yidenti&ry issue$.

Februarv 16,2015 "J>aper" Discovery Deadline. All oUigoing · "paper" discovery, including interrogatories, requests for production, requests for admission, requests for disclosm·e, etc,, must be served upon opposing counsel on or before the date specified,

February 16. 2015 Deposition Deadline. All depositions must be concluded by the date specified.

Free access — add to your briefcase to read the full text and ask questions with AI

ACCEPTED

12-14-00085-CV

TWELFTH COURT OF APPEALS

TYLER, TEXAS

4/23/2015 4:09:40 PM

CATHY LUSK

CLERK

Case Number 12-14-00085-CV FILED IN

12th COURT OF APPEALS

IN THE TYLER, TEXAS 4/23/2015 4:09:40 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,

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

TRUSTEE,

Appellee.

APPELLEES' SECOND 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 Second Motion To Postpone Oral Argument

concerning a setting for oral argument and submission on Tuesday, May 12, 2015 at Page 1 8:30 a.m., 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 19, 2015 at 6:01 p.m., the Appellees and Movants received

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

argument on May 12, 2015 at 8:30a.m. A copy of this electronic notification is

attached hereto as Exhibit "A".

II.

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

Davis and Richard L. Ray, was previously set for Pre-Trial hearing in VanZandt

County Court at Law at 9:00 a.m. in Canton, Texas; and for three (3) administrative

hearings, at 10:00, 10:45, and 11:30 a.m. in Dallas, Texas, at Dallas SSA, located at

12790 Merit Drive, Suite 500, Room 3.

Attached hereto as Exhibit "B" is a copy of the Scheduling Order and the

three (3) SSA notices which indicate notice of the Pre-Trial hearing was sent on

October 3, 2014, and the SSA notices were sent on March 12,2015.

That Brent Howard serves as co-counsel for Appellees.

III.

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

Page2

appear at the setting for oral argument scheduled on Tuesday, May 12, 2015, at 8:30

a.m.

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, Jim 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

Brent Howard State Bar No. 10062600 HOWRD & DAVIS 100 E. Ferguson St. #1200 Tyler, Texas 75202 (903) 533-9997 (903) 533-0260 (FAX) bhoward@hbdtyler.com

ATTORNEYS FOR APPELLEES AND 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' Second ( Motion To Postpone Oral Argument; and

blic, on this the

.//)- r

/~ / " . li / /// (/ . )!/ /·b~ ~Y·.( )(r}A?.d!~trWgt~/ Yaula 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 Appellees'

Second Motion to Postpone Oral Argument has on this the 22nd day of April, 2015,

been forwarded to the following counsel of record:

I. Bennett White I. 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

Page 5

CERTIFICATE OF CONFERENCE

I, Richard L. Ray, do hereby certify that I attempted to conference with J.

Is/ Richard L. Ray

RICHARD L. RAY

Page6

3/20/2015

Richard Ray <rlray@rayandthatcher.com>

( Notice(s): 12-14-00085-CV 1 message ·-------------- COA12Noticing@txcourts.gov <GOA 12Noticing@txcourts.g0\t> Thu, Mar 19, 2015 at 6:01 PM 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~s. Jim Da~s. Jay Da~s and Richard L. Ray, Trustee

Files MT POSTPONE OA DISP_ANT-APP _GRANT_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.

t9 MT POSTPONE OA DISP_ANT-APP_GRANT_FILECOPY.pdf ' 225K

hHps://mall.google.corn'mall/u/O/?ui=2&i~016ddBaa05&~ew=pt&search=inbox&th=14c3445121bB96d7&siml=14c3445121b896d7 1/1

FILE COPY

(

CHJEP JUSTICE CLERK JAMEST. WORTHEN CATHY S. LUSK

TWELFTH COURT OF APPEALS

JUSTICES CHJBFSTAFF ATTORNEY BRIAN HOYLE MARGARET HUSSEY GREG NEELEY

Thursday, March 19,2015

Mr. Richard L. Ray Mr. J. Bennett White Ray & Thatcher, PC J. Bennett White, PC 300 S. Trade Days Blvd. P.O. Box6250 (300 S. Hwy 19) Tyler, TX 75711 Canton, TX 75103 *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 Trial 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

You are hereby notified that in the above-described case, the following decision and order was this day made and entered by this Court:

"THIS DAY came on to be considered Appellee's Motion to Postpone Oral Argument herein; and the same being inspected, it is ORDERED that said motion be, and hereby is, GRANTED, and that oral argument will be set Tuesday, May 12,2015@ 8:30am."

Very truly yours,

CATHY S. LUSK, CLERK

http://www.txcourts.gov/12thcoa.aspx

RECEIVED 10/03/2014 03:24PM 9035676998 ,.

RAY AND THATCHER

Oct. 3. 2014 3:39PM ( l No. 1594 P. 1/3

( ~.a'' ~©~llWJE!])

OCT 0 6 2014

CAUSE NO. CV04799 ,/JP LARRY WAYNE TllOMAS § TllE COUNTY COURT § §

vs. § ATLAWOF § §

DEWAYNE ANDERSON § VANZANDT COUNTY, TEXAS

SCHEDULING ORDER

JURY TRIAL

ln an effort to assist in the disposition of this case without undue bmden or expense to the patties, the Court finds that the following Scheduling Order will facilitate the fair, timely, and responsible resolution of the above numbered cause, and therefore, IT IS ORDERED that the following case settings and deadlines apply:

May 20,2015 Jury Trial is set to begin at 8:30a.m. on the dates specified,

( Mfly 12. 2015 Pretrial is set for 9:00 a.m. on the date specified and at such time each paliy shall submit the following:

Witness list; Exhibit list; Proposed "Charge ofthe Court" ready for submission lo the jury, along with an electronic copy in Microsoft Word fonnar on flosh drive; Motion in Limine; Deposition designations; Eind Concise written statement of significant legal and/or e'Yidenti&ry issue$.

February 16. 2015 Deposition Deadline. All depositions must be concluded by the date specified.

Februacy 16,2015 Designation of Responsible Third Parties. Responsible third pm1ies must be designated on or before the date specified.

JlUinacy 16, 2015 Deadline for Adding or Joining New Parties. New parties must be added or joined on or before the date specified,

December 15, 2014 Amended Pleadings. Amended pleadings must be filed on or before the date specified,

(

RECEIVED 10/03/2014 03:24PM 9035575998 RAY AND THATCHER Oct. 3. 2014 3:39PM ( No. 1594 P. 2/3

2

( March 16,2015 Summary Judgment Motions. Summary Judgment Motions must be filed on or before the date specified.

Janna1y 16,2015 l:'laintlff's Expert Witness Designation Date. (See below)

Febma1y 16,2015 Defendant's Expert Witness Designation Date. (See below)

Each Plaintiff must comply with the following on or before Plaintiff's Expert Witness Designation Date. Each defendant must comply with the following on OJ' before Defendant's Expert Witness Designation Date:

As to all of Plaintiff's and Defendant's testifying experts- se1·ve upon the attorneys of record:

l. the expert S name, address. and telephOne number;

1

2. the subject maftet· on which the expeJ1 will testify; (3) the general substance of the expert's mental impressions and opinions, find a brief summary of the basis for them (or if the eXpert is not retained by, employed by, or otherwise subject to l='laintifrs/Defendant's control- docum¢n($ reflecting such information).

Additionally, as to ~II ofPfainlitrs/Defendant's testifying expe11s who are retained by, employed by, or otherwise subject to the control ofPiaintifi!Defendant- &erve upon the attorneys ofrecord:

I. all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anlicipalion of the expert's ( testimony; und

2. the expert's current resume and bibliography.

May6.20l5 Mediation Deadline, IT IS ORDERED that mediation shall occur on or before the specified date. STEVE WATiaNS is appointed mediator in the above case. Counsel are directed to contact the mediator to an-ange the logistics of mediation within 5 days from the date of this Order. Any objection to this Order must be filed and served upon all patties and the mediator, and a hearing must be requested within I0 days fl·om the date of receipt ofU1is Order. An objection that is neither timely filed nor ruled upon before the scheduled mediation may be waived.

STEVE WATKINS, ESQ- Mediatol' POBOX876 GREENVILLE, TX 75403-0876 VOlCE (903) 454-6688 FAX (903) 454-1772 A reasonable mediation fee shall be allocated among the paliies as determined to be fair by the mediator, and each paJ1y to the lawsuit shall have an individual personally present for mediation with full settlement authority.

NIA Othel' Agreed Upon Deadline. Inseli in the blank "N/A" if not applicable;

otherwise, describe as follows:

(

RECEIVED 10/03/2014 03:24PM 9035676998 RAV AND THATCHER Oct. 3. 2014 3:40PM .· No. 1594 P. 3/3

3 ( The trial com·t nsenres the dght to impose sanctions for failure to comply with the terms of this Order.

SIGNED AND ENTERED ONTIDS _3_ day of ~ , zolf

Attorney lnformatioll lla?rl

Name: Richard L. Ray Address: Ray & Thatcher, Attomeys at Law, P.C, 300 S. Trade Days Blvd., Canton, Texas 75!03 Phone & Fax: (903)567-2051/ (903)567-6998/ rlray@rayandthatcher.com

Name: Martin R. Bennett Address: Kugle, Skelton & Bennett, P.C.

( 130 East Corsicana, Suite 302, Athens, Texas 75751 Phone & Fax: (903)675-5151/ (903)677-4950 I mbennett@ksbpc.com

(

1-SEco · _. J~ SOCIAL SECURI'ft( ill\1INISTRATION :tl~usA'\\: \ ll!IIJI "\'JST~i"-

J Refer To: Office of Disability Adjudication and Review Suite 500

Ounld1am Joe Deuanxayasane 12790 Merit Dr.

Dallas, TX 7 5251 Tel: (866)331-7135/ Fax: (972)341-5153 ••• • March 12,2015 •• •• Ounldmm Joe Deuanxayasane 706 Lawrence Terrell, TX 75160

NOTICE OF HEARING

Please bring this notice of bearing with you to the hearing.

I have scheduled your hearing for:

Day: Tuesday Date: May 12,2015 Time: 10:00 AM Central (CT)

Room: l Address: 12790 Merit Dlive Suite 500 Dallas, TX75251

( It Is Important That You Attend Your Hearing

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 find that you have a good reason, I may dismiss your request for hearing. I may do so without giving you further notice.

You may ask us if you want to appear by telephone. I will grant your request ifl find that extraorclinmy circumstances prevent you from appem·ing in person or by video teleconferencing.

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

• Current and valid U.S. State driver's license; • .U.S. State-issued identity card; • Current U.S. passport; or

Form HA-83 (09-2014)

Representative

Suspect Social Security Fraud?

Please visit http://oig.ssa.gov/r or call the Inspector General's Fraud Hotliue at 1-800-269-0271 (TTY 1-866-501-2101).

See Next Page

l>-\. seo0 · , ~~SOCIAL SECURITY DMINISTRATION \ III!IJii Refer To:

4\r.(st~t'-

Office of Disability Adjudication and Review Suite 500

Patricia Lym1 Martin 12790 Merit Dr.

Dallas, TX 75251 Tel: (866)331-7135 /Fax: (972)341-5153

March 12,2015

•• Patricia Lym1 Martin •= 708 Tupuna Dr • Tool, TX75143 •' •' NOTICE OF HEARING ;'

Please bring this notice of hearing "ith yon to the hearing.

'• l · I have sched\lled your hearing for: •Day: Tuesday Date: May 12,2015 Time: I 0:45AM Central (CT)

Room: 3 Address: 12790 Merit Drive Suite 500 Dallas, TX 75251

( It Is Important That Yon Attend Your Hearing

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 find that you have a good reason, I may dismiss your request for hearing. I may do so without giving you further notice.

You may ask us if you want to appear by telephone. I will grant your request ifi find that extraordinary circumstances prevent yon f:i-otn 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 and valid U.S. State driver's license; • U.S. State-issued identity card; • Current U.S. passport; or

FonnHA-83 (09-2014)

Representative

Suspect Social Security Fraud?

Please visit http://oig.ssa.gov/r or call the Inspector General's Fraud Hotline at 1-800-269-0271 (TTY 1-866-501-2101).

See Next Page

~\. $.Ec:o g/;p~ SOCIAL SECURITY TJMINISTRATION Jl'tisX'\\: · ·· ~,;l·lfiiii,J Refer To: Office of Disability Adjudication and Review <~'Is">'. 1wn 'J' p 1 Suite 500

Joe Paul Hicks 12790 Merit Dr.

Dallas, TX 75251 Tel: (866)331-7135/ Fax: (972)341-5153 •• • March 12,2015

Joe Paul Hicks 1487 Fm751

•• Wills Point, TX 75169 i

•• i NOTICE OF HEARING

! i Please bring this notice of hearing with you to the heru·ing.

• ~ i I have scheduled your hearing for:

~ Day: Tuesday May 12,2015 Time: 11 :30 AM i Date:

Central (CT)

Room: 3 Address: 12790 Merit Drive Suite 500 Dallas, TX 75251

( '

· It Is Important That You Attend Your Hearing

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 find that you have a good reason, I may dismiss your request for hearing. I may do so without giving you further notice.

You may ask us if you want to appear by telephone. I will grant your request ifi find that extraordinary circumstances prevent you from 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 and valid U.S. State driver's license; • U.S. State-issued identity card; • Current U.S. passport; or

Form HA-83 (09-2014)

Representative ,

(' =- Suspect Social Security Fraud? ·-- Please visit http://oig.ssa.gov/r or call the Inspector General's Fraud Hotline at 1-800-269-0271 (TTY 1-866-501-2101).

See Next Page

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, (Tex. Ct. App. 2015).

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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 (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) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.