David Tubb and Superior Shooting System, Inc., Appellants/Cross-Appellees v. Aspect International, Inc. and James Sterling, Appellees/Cross-Appellants

Opinion

ACCEPTED 12-14-00323-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 5/7/2015 11:18:18 AM CATHY LUSK CLERK

No. 12-14-00323-CV FILED IN In the Twelfth Court of Appeals 12th COURT OF APPEALS TYLER, TEXAS Tyler, Texas 5/7/2015 11:18:18 AM CATHY S. LUSK Clerk

DAVID TUBB AND SUPERIOR SHOOTING SYSTEM, INC. Appellants

v.

ASPECT INTERNATIONA, INC. AND JAMES STERLING Appellees

Appealed from the 7th Judicial District Court Smith County, Texas

UNOPPOSED THIRD MOTION TO EXTEND TIME TO FILE APPELLANTS’ BRIEF

Wesley Hill Greg Smith Texas Bar No. 24032294 Texas Bar No. 18600600 Ward, Smith & Hill, PLLC RAMEY & FLOCK, P.C. P. O. Box 1231 100 E. Ferguson, Suite 500 Longview, Texas 75606 Tyler, Texas 75702 Telephone: 903-757-6400 Telephone: 903-597-3301 Facsimile: 903-757-2323 Facsimile: 903-597-2413 wh@wsfirm.com gsmith@rameyflock.com

ATTORNEYS FOR APPELLANTS TO THE HONORABLE COURT OF APPEALS:

Appellants, David Tubb and Superior Shooting System, Inc., ask the Court

to extend the time for filing their appellants’ brief by 30 days to and including

Monday, June 8, 2015.

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

The following information supports this request.

(i) Appellants’ brief is currently due to be filed May 8, 2015.

(ii) Appellants request that the deadline for filing their brief be extended by 30

days to and including Monday, June 8, 2015.

(iii) This is Appellants’ third request to extend the briefing deadline.

2. Facts Explaining the Need to Extend the Briefing Deadline

Counsel is unable to complete the appellants’ 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:

(i) No. 13-0986, Southwestern Energy Production Company vs. Toby Berry-Helfand and

Gery Muncey, In the Supreme Court of Texas (reply brief on merits);

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

Larry Snodgrass, In the Twelfth Court of Appeals, Tyler, Texas (appellant’s

brief); and

(iii) No. 12-0517; Harleton Oil & Gas, Inc. v. Frank M. Bufkin, III, et al., In the 71st

District Court of Harrison County, Texas (responses to three motions for summary

judgment).

3.

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

to ensure that Appellants’ brief sufficiently aids the Court’s decisional process.

4. Conference with Opposing Counsel

Keith Dollahite, counsel for Appellees, states that the relief requested in this

motion is unopposed.

5. Conclusion and Prayer

Appellants, David Tubb and Superior Shooting System, Inc., pray that the

Court would extend the time for filing their appellants’ brief by 30 days to and

including Monday, June 8, 2015.

3 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

Wesley Hill State Bar No. 24032294 WARD, SMITH & HILL, PLLC P. O. Box 1231 Longview, TX 75606 Telephone: (903) 757-6400 Facsimile: (903) 757-2323 wh@wsfirm.com

COUNSEL FOR APPELLANTS

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 7th day of May, 2015, on the following:

keith@mkdlaw.us Keith Dollahite M. Keith Dollahite, P.C. 5457 Donnybrook Ave. Tyler, Texas 75703

trey@yw-lawfirm.com Trey Yarbrough Yarbrough Wilcox, PLLC 100 E. Ferguson, Suite 1015 Tyler, Texas 75702

/s/ Greg Smith Greg Smith