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 7/23/2015 1:19:21 PM CATHY LUSK CLERK

NO. 12-14-00323-CV

IN THE FILED IN 12th COURT OF APPEALS TWELFTH COURT OF APPEALS TYLER, TEXAS 7/23/2015 1:19:21 PM TYLER, TEXAS CATHY S. LUSK ___________________________________________________________________ Clerk

DAVID TUBB, ET AL. APPELLANTS

V.

ASPECT INTERNATIONAL, INC., ET AL. APPELLEES __________________________________________________________________

UNOPPOSED SECOND MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLEES

Appellees, Aspect International, Inc. and James Michael Sterling, request a thirty (30)

day extension of the deadline for filing their brief, pursuant to Tex. R. App. P. 10.

1. August 7, 2015, is the current deadline for filing Appellees’ brief.

2. A thirty (30) day extension is requested.

3. The following facts are relied on to reasonably explain the need for an

extension. Keith Dollahite (the “attorney”) has not had adequate time to review the record,

research the law, and prepare a brief.

July 15 The attorney received notice that Appellees’ brief was due on August 7, 2015.

July 16 The attorney attended an out-of-state meeting.

July 17 The attorney attended an out-of-state meeting.

July 18 Saturday.

1 July 19 Sunday. The attorney reviewed a contract and lease agreement for a potential new transaction; and reviewed incoming correspondence and pleadings from the prior few days.

July 20 The attorney prepared the Appellees’ brief in Morrison Supply Co., Inc., et al. v. Hilburn, et al., No. 12-15-00141-CV, in the 12 th Court of Appeals, Tyler, Texas.

July 21 The attorney prepared the Appellees’ brief in Morrison Supply Co., Inc., et al. v. Hilburn, et al., No. 12-15-00141-CV, in the 12 th Court of Appeals, Tyler, Texas.

July 22 The attorney prepared the Appellees’ brief in Morrison Supply Co., Inc., et al. v. Hilburn, et al., No. 12-15-00141-CV, in the 12 th Court of Appeals, Tyler, Texas.

July 23 The attorney prepared the Appellees’ brief in Morrison Supply Co., Inc., et al. v. Hilburn, et al., No. 12-15-00141-CV, in the 12 th Court of Appeals, Tyler, Texas.

July 24- August 2 The attorney is scheduled for a pre-planned, out-of-state family vacation.

4. The attorney plans to complete the Appellees’ brief within the thirty (30) days

of the current deadline, or September 8, 2015.

5. This is Appellees’ second request for an extension of this deadline.

WHEREFORE, Appellees, Aspect International, Inc. and James Michael Sterling,

request the Court to grant this motion.

2 Respectfully submitted,

M. KEITH DOLLAHITE, P.C. 5457 Donnybrook Avenue Tyler, Texas 75703 (903) 581-2110 (903) 581-2113 (Facsimile)

/s/ Keith Dollahite By:______________________________________ M. Keith Dollahite State Bar No. 05958550

CERTIFICATE OF CONFERENCE

Before filing this motion, Greg Smith, the attorney for Appellants, was contacted about this motion, and he indicated he does not oppose this motion.

/s/ Keith Dollahite ________________________________________