Danny Vines and Nancy Vines v. Ray Durrett

• Court: Court of Appeals of Texas
• Decided: January 29, 2015
• Docket: 12-14-00258-CV
• Status: Published

Opinion

ACCEPTED 12-14-00258-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 1/29/2015 6:06:54 PM CATHY LUSK CLERK

No. 12-14-00258-CV

FILED IN 12th COURT OF APPEALS In the TYLER, TEXAS 1/29/2015 6:06:54 PM Twelfth Court of Appeals CATHY S. LUSK Clerk

Danny Vines and Nancy Vines

Appellants, v.

Ray Durrett, Appellee.

Appellee’s Second Motion for Extension of Time to File Appellee’s Brief

TO THE HONORABLE COURT OF APPEALS:

Appellee Ray Durrett respectfully asks the Court to extend the time for

filing his Appellee’s Brief by 30 days, to and including March 6, 2015.

1. Appellee’s Brief is currently due on February 4, 2015.

2. Appellee hereby requests a 30-day extension of time to file his

Appellee’s Brief, to and including March 6, 2015.

1 3. This is Appellee’s second motion for extension of time to file his

Appellee’s Brief; one prior extension has been granted.

4. The following facts justify the relief requested:

The undersigned counsel, who is responsible for drafting Appellee’s Brief,

will not have time to complete Appellee’s Brief before the current February 4,

2015 deadline. Since Appellee’s Unopposed First Motion for Extension of Time

to File Appellee’s Brief was granted on December 23, 2014, the undersigned has

been or will be involved in the following matters that have prevented or will

prevent him from completing Appellee’s Brief by the current February 4, 2015

deadline and necessitate the 30-day extension requested herein.

! Drafting Appellee’s brief in Cause No. 12-14-00123-CV in the Twelfth Court of Appeals, styled Liberty Mutual Insurance Company v. Rickie Sims, which brief was filed on December 27, 2014;

! Drafting Plaintiff’s Consolidated Amended Motion for Summary Judgment and Amended Response to Defendant’s Motion for Summary Judgment in Juaune Burgess v. College Station Medical Center, LLC, Cause No. 13- 000447-CV in the 361st District Court of Brazos County, Texas, which was filed on January 9, 2015;

! Preparing for and attending oral argument in Enzo Investments, L.P. v. Charles White, Cause No. 14-13-00509-CV in the Fourteenth Court of Appeals, styled Enzo Investments, L.P. v. Charles White, which argument occurred on January 14, 2015;

! Drafting White’s Post Submission Brief in Enzo Investments, L.P. v. Charles White, Cause No. 14-13-00509-CV in the Fourteenth Court of

2 Appeals, styled Enzo Investments, L.P. v. Charles White, which was filed on January 16, 2015;

! Assisting with the drafting of Plaintiff’s response to Defendant’s motion for new trial in Eden Davis et al. v. Gautham Reddy, M.D. et al., Case No. A- 11-646202 in the Eighth Judicial District Court of Clark County, Nevada, which response was due on January 21, 2015;

! Drafting Circle K’s Post-Arbitration Brief in Arbitration No. 50_467_T_00863_12 before the American Arbitration Association, styled Circle K Stores, Inc. v. McLane Company, Inc., which was filed on January 21, 2015;

! Legal research and trial support in a number of other cases.

5. The undersigned’s involvement in the matters set forth above will prevent

him from completing Appellee’s Brief by the current February 4, 2015, deadline.

This extension is sought so that the merits might be presented in the most helpful

manner for the Court, and not for purposes of delay.

6. The facts stated in this motion are either within the Court’s knowledge in its

official capacity or within the personal knowledge of the undersigned counsel, so

no affidavit is required under Texas Rule of Appellate Procedure 10.2.

WHEREFORE, Appellee respectfully prays for the relief sought herein.

Respectfully submitted,

/s/ Darrin Walker Darrin Walker State Bar. No. 00788600 LAW OFFICE OF DARRIN WALKER

3 6134 Riverchase Glen Dr. Kingwood, Texas 77345 (281) 358-2295 (telephone) (281) 358-5602 (facsimile) darrinwalker@embarqmail.com

Counsel for Appellee

Certificate of Conference

I certify that I conferred with Appellant’s counsel, George Gibson, regarding this motion by email on January 26, 2015. Mr. Gibson stated that he would check with appellants regarding whether they oppose this motion. At the time of the filing of this motion, Mr. Gibson has not advised the undersigned whether appellants are opposed to this motion, so the undersigned assumes that they are.

/s/ Darrin Walker Darrin Walker

Certificate of Service

I hereby certify that the foregoing motion has been provided to counsel listed below in the manner indicated on this 29th day of January, 2015.

c.c. Hon. George Gibson via electronic service and Attorney for Appellants via email to ggibson@nathansommers.com