Frank Keathley, Individually and Dba Top Shelf Antiques v. J.J. Investment Company, L.T.D.

• Court: Court of Appeals of Texas
• Decided: January 15, 2015
• Docket: 06-14-00036-CV
• Status: Published

Opinion

ACCEPTED 06-14-00036-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS 1/15/2015 4:03:45 PM DEBBIE AUTREY CLERK

APPELLATE CASE NO. 06-14-00036-CV

FRANK KEATHLEY, INDIVIDUALLY IN THE COURT OF APPEALS FILED IN AND DOING BUSINESS AS TOP SHELF 6th COURT OF APPEALS ANTIQUES, APPELLANT TEXARKANA, TEXAS 1/15/2015 4:03:45 PM V. FOR THE SIXTH DISTRICT DEBBIE AUTREY Clerk J.J. INVESTMENT COMPANY, LTD., ET AL AND CORBITT BAKER, APPELLANTS TEXARKANA, TEXAS

MOTION TO EXTEND TIME FOR FILING APPELLANT'S BRIEF

TO THE HONORABLE COURT OF APPEALS:

Frank Keathley, individually and doing business as Top Shelf Antiques, appellant,

moves this Court to grant him an extension of time to file Appellant's Brief and

respectfully states as follows:

1. The Appellant's Brief for Frank Keathley, appellant, is due to be filed with

this Court today, January 15, 2015.

2. For good cause shown below, Frank Keathley files this motion seeking an

eighteen day extension for filing his Appellant's Brief with such brief to be filed on or

before February 2, 2015.

3. This extension of time is not filed solely for the purposes of delay of these

proceedings, but is filed to allow Appellant's counsel additional time to complete research

on the point of appeal and supporting authority. This request for an extension has also

been made because of the illness of appellant, Frank Keathley, and his hospitalization and

treatment for heart related issues. Additionally, the reporter's record was filed in this

appeal on December 16, 2014 and the intervening holidays has resulted in a loss of office

time for appellant's counsel to complete the brief

Motion to Extend Time for Filing Appellant's Brief 1 4. This is the appellant's first motion for an extension of time to file

appellant's brief and it is not anticipated that any further extension will be necessary.

5. Appellant's counsel attempted to personally confer with the counsel for

Corbitt Baker, appellee and principal party at interest in this appeal, but was unable to

reach either attorney of record and could only leave a message for either of them to return

when they come back to their office tomorrow, the 16th of January, 2015. For the

purposes of this motion, appellant must assume that counsel for Corbitt Baker cannot

agree and must oppose the motion. Counsel for the other named parties do not oppose

the motion.

WHEREFORE, Frank Keathley, appellant, moves the Court to consider his

motion and to grant him an extension of the time for filing his Appellant's Brief from

January 15, 2015 to no later than February 2, 2015, or such other time as the Court may

deem appropriate.

Respectfully submitted this 15th day of January, 2015.

/s/ Larry R. Wright Larry R. Wright State Bar No. 22048000 P.O. Box 144 406 South Main Street Winnsboro, Texas 75494 Telephone 903-342-1089 Fax 903-342-1088 E-mail lawyerwright@msn.com

CERTIFICATE OF CONFERENCE

This is to certify that counsel for appellant attempted to personally confer with

both counsel of record for Corbitt Baker, the principal party at interest in this appeal, but

Motion to Extend Time for Filing Appellant's Brief 2 was unable to reach either of the attorneys due their absence from their offices. A

message regarding the attempted conference was left for each of them but no reply has

been received as of the time this motion is being prepared and filed. Counsel for

appellant did reach the attorney of record for each of the other parties to this case and

neither opposed the motion.

Signed this 15th day of January, 2015.

/s/ Larry R. Wright Larry R. Wright

CERTIFICATE OF SERVICE

This is to certify that a copy of the foregoing has been this day served on each

attorney of record, as follows:

Travis P. Clardy Clardy Law Office 209 E. Main St. Nacogdoches, TX 75961 By fax to 936-564-2507

Larry Blount Powers & Blount, LLP PO Box 877 Sulphur Springs, TX 75483 By fax to 903-885-6506

Gene Stump PO Box 606 Mount Vernon, TX 75456 By fax to 903-588-2272

Motion to Extend Time for Filing Appellant's Brief 3