Edom Corner, LLC and Earl Berry, Jr. v. It's the Berry's, LLC

Opinion

ACCEPTED

12-14-00365-CV

TWELFTH COURT OF APPEALS

TYLER, TEXAS

3/23/2015 3:46:48 PM

CATHY LUSK

CLERK

NO. 12-14-00365-CV

FILED IN

12th COURT OF APPEALS

EDOM CORNER, LLC and § IN THE COURT TYLER, TEXAS EARL A. BERRY, JR. § 3/23/2015 3:46:48 PM § CATHY S. LUSK VS. § OF APPEALS Clerk §

IT’S THE BERRYS, LLC § d/b/a TWELFTH APPELLATE MARY ELLEN’S § DISTRICT

MOTION TO EXTEND TIME TO FILE APPELLANTS’ BRIEF TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes Edom Corner, LLC and Earl A. Berry, Jr., Appellants in the above styled and numbered cause, and moves this Court to grant an extension of time to file Appellants’ brief, pursuant to Rule 38.6 of the Texas Rules of Appellate Procedure, and for good cause shows the following:

1. This case is on appeal from the 294thth Judicial District Court of Van Zandt County, Texas.

2. The case below was styled It’s the Berrys, LLC d/b/a Mary Ellen’s v.

Edom Corner, LLC and Earl A. Berry, Jr., Cause No. 09-00138 in the 294th Judicial District Court of Van Zandt County, Texas.

3. Judgment in favor of Plaintiff was entered by the Trial Court on October 14, 2014. A Motion for New Trial was filed on November 6, 2014.

4. Notice of appeal was given on December 29, 2014.

5. The clerk's record was filed on February 24, 2015; the reporter's record was filed on February 11, 2015.

6. The Appellants’ brief is presently due on March 26, 2015.

7. Appellants request an extension of time of thirty (30) days from the present date.

8. No extension to file the brief has been received in this cause.

9. Appellants rely on the following facts as good cause for the requested extension:

Appellants’ attorney, Katherine A. Ferguson, has requested the record, but Appellant’s attorney requests additional time to sufficiently analyze the material contained in the lower court proceedings to effectively prepare a brief in this case.

Appellants’ attorney further shows that she was appointed to represent Brandon Paul Couch in Cause No. 5,354 styled The State of Texas v. Brandon Paul Couch in the 8th Judicial District Court of Rains County, Texas. The Defendant was indicted for murder. Jury selection began on March 23, 2015 and the trial is expected to last one week. Murder is a first degree felony charge and Appellants’ attorney had to spend the majority of time over the last month preparing for the jury trial on Mr. Couch’s case.

WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court grant this Motion to Extend Time to File Appellant's Brief, and for such other and further relief as the Court may deem appropriate.

Respectfully submitted,

RENSHAW, DAVIS & FERGUSON, LLP

By: /s/ Katherine A. Ferguson Katherine A. Ferguson

(SBN 06918050)

2900 Lee Street, Suite 102 P.O. Box 21

Greenville, Texas 75403-0021 Tel: (903) 454-6050

Fax: (903) 454-4898

Email: rdflawoffice@yahoo.com Lead Counsel for Appellants

CERTIFICATE OF SERVICE

This is to certify that on March 23, 2014, a true and correct copy of the above and foregoing document was served on the following by facsimile:

Larry M. Lesh, Esq. 1 Forest Park Drive Richardson, Texas 75080 FAX: (972) 699-1456

R. Paul Elliot, Esq. 301 S. Main St. Canton, Texas 75103 FAX: (903) 567-6228 /s/ Katherine A. Ferguson Katherine A. Ferguson