Faye Comte and Laura Severt v. Smith County Commissioners Court and Joel P. Baker, Cary Nix, Jeff Warr, Joann Hampton, and Terry Phillips, Each in His or Her Official Capacity as a Smith County Commissioner

Opinion

ACCEPTED

06-14-00086-CV

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS

1/16/2015 4:18:19 PM

DEBBIE AUTREY

CLERK

No. 06-14-00086-CV

FILED IN

6th COURT OF APPEALS

IN THE SIXTH COURT OF APPEALS TEXARKANA, TEXAS TEXARKANA, TEXAS 1/16/2015 4:18:19 PM DEBBIE AUTREY

Clerk

FAYE COMTE & LAURA SEVERT Plaintiff - Appellants

v.

SMITH COUNTY COMMISSIONERS COURT, JOEL BAKER, CARY NIX, JEFF WARR, JOANN HAMPTON & TERRY PHILLIPS

Defendants - Appellees

ON APPEAL FROM THE 241ST DISTRICT COURT OF SMITH COUNTY, TEXAS

TRIAL CAUSE NO. 13-2492-C

APPELLEES’ UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF

TO THE HONORABLE SIXTH COURT OF APPEALS:

COME NOW Appellees and file this their Unopposed Motion to Extend Time to File Brief, filed pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d), and would respectfully show unto the Court as follows:

APPELLEES’ UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF PAGE 1 OF 3 1. The deadline to file Appellees’ Brief is January 29, 2015. 2. Counsel for Appellees has a case currently set for Trial in the Eastern District of Texas, Marshall Division on February 9, 2015, and counsel will be meeting with witnesses and preparing for this Trial. Appellees’ request a 30-day extension to file their Brief.

3. This is Appellees’ first request for an extension of the deadline to file Appellees’

responsive brief and is not sought for purposes of undue delay, but so that the Appellees may have time to adequately respond to Appellants’ arguments and craft a brief which will aid the Court in deciding the very important issues presented in this appeal.

Appellants do not oppose the relief requested in this Motion.

WHEREFORE, PREMISES CONSIDERED, Appellees respectfully request that the Court extend the time to file their Brief to February 27, 2015, and for any and all other relief to which they have shown themselves to be justly entitled.

Respectfully submitted,

FLOWERS DAVIS, P.L.L.C.

1021 ESE Loop 323, Suite 200 Tyler, Texas 75701

(903) 534-8063

(903) 534-1650 Facsimile

ROBERT S. DAVIS

State Bar No. 05544200

rsd@flowersdavis.com

ATTORNEY FOR APPELLEES

APPELLEES’ UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF PAGE 2 OF 3

CERTIFICATE OF CONFERENCE I hereby certify that on January 16, 2015, Counsel for Appellees’ office contacted counsel for Appellants, Laura Severt. Ms. Severt does not oppose this motion.

_____________________________

Richard B. Vance

CERTIFICATE OF SERVICE

I hereby certify that the above and foregoing instrument was served upon all counsel of record in the above entitled and numbered cause on January 16, 2015, in the following manner:

X Via Electronic Filing X Via Facsimile

_____________________________

Robert S. Davis

APPELLEES’ UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF PAGE 3 OF 3