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 10/27/2015 5:24:37 PM Pam Estes CLERK

No. 12-14-00323-CV FILED IN In the Twelfth Court of Appeals 12th COURT OF APPEALS TYLER, TEXAS Tyler, Texas 10/27/2015 5:24:37 PM PAM ESTES 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 MOTION TO EXTEND TIME TO FILE APPELLANTS’ REPLY BRIEF

Wesley Hill Greg Smith Texas Bar No. 24032294 Texas Bar No. 18600600 Ward & Smith Law Firm 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 five days to and including

Tuesday, November 3, 2015.

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

The following information supports this request.

(i) Appellants’ reply brief is currently due to be filed October 29, 2015.

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

days to and including Tuesday, November 3, 2015.

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

2. Facts Explaining the Need to Extend the Reply Briefing Deadline

Counsel is unable to complete the appellants’ reply 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 (oral argument);

2 (ii) Attendance at Advanced Civil Appellate Practice Course (Dallas video

presentation);

(iii) No. 6:14-cv-00718-MHS, UNUM Life Insurance Co. v. Blasingame, In the Sixth

Court of Appeals, Texarkana, Texas, (summary-judgment briefing); and

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

Judicial District Court of Harrison County, Texas (summary-judgment hearing

preparation).

3.

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

to ensure that Appellants’ reply 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.

3 5. Conclusion and Prayer

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

Court would extend the time for filing their appellants’ reply brief by five days to

and including Tuesday, November 3, 2015.

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 LAW FIRM 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 27th day of October, 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