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,

v. 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.

Page6 3/20/2015

Richard Ray

( Notice(s): 12-14-00085-CV 1 message ·-------------- COA12Noticing@txcourts.gov 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.

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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, (Tex. Ct. App. 2015).

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