J. Mark Swinnea v. ERI Consulting Engineers, Inc. and Larry Snodgrass

Opinion

ACCEPTED 12-14-00288-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 8/25/2015 10:43:49 AM CATHY LUSK CLERK

No. 12-14-00288-CV FILED IN In the Twelfth Court of Appeals 12th COURT OF APPEALS TYLER, TEXAS Tyler, Texas 8/25/2015 10:43:49 AM CATHY S. LUSK Clerk

J. MARK SWINNEA Appellant

v.

ERI CONSULTING ENGINEERS, INC.

AND LARRY SNODGRASS Appellees

Appealed from the 114th Judicial District Court Smith County, Texas

UNOPPOSED MOTION TO EXTEND TIME TO FILE REPLY BRIEF

Greg Smith Texas Bar No. 18600600 RAMEY & FLOCK, P.C. 100 E. Ferguson, Suite 500 Tyler, Texas 75702 Telephone: 903-597-3301 Facsimile: 903-597-2413 gsmith@rameyflock.com

ATTORNEY FOR APPELLANT

TO THE HONORABLE COURT OF APPEALS:

Appellant, J. Mark Swinnea, asks the Court to extend the time for filing his

reply brief by 30 days, to and including Friday, September 25, 2015.

1.

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

The following information supports this request.

(i) The reply brief is currently due to be filed August 26, 2015.

(ii) Swinnea requests that the reply-brief deadline be extended by 30 days to and

including Friday, September 25, 2015.

(iii) This is Swinnea’s first request to extend this deadline.

2.

Facts Explaining the Need to Extend the Briefing Deadline

Counsel is unable to complete the 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) a prepaid vacation, from August 1 through August 13, 2015;

(ii) No. 12-15-00105-CV; Consolidated Property Interests, LLC vs. Jerry Payne and

Penny Payne, In the Twelfth Court of Appeals, Tyler, Texas (appellant’s brief);

3

(iii) No. 14-15-00354-CV, Petrofac Facilities Management International Limited and

Petrofac Brownfield, Ltd. vs. IMMI Turbines, Inc., In the Fourteenth Court of

Appeals, Houston, Texas (interlocutory appeal); and

(iv) No. 14-0135, Margaret Taylor Riess and Barrett Riess vs. PetroReal, Inc., James E.

Hightower, and Lynn Bryant, In the 3rd District Court of Houston County,

Texas (summary-judgment and Daubert/Robinson filings).

3.

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

to ensure the reply brief sufficiently aids the Court’s decisional process.

4.

Conference with Opposing Counsel

Deborah Race, appellate counsel for Appellees, states that the relief

requested in this motion is unopposed.

5.

Conclusion and Prayer

Appellant, J. Mark Swinnea, prays that the Court would extend the time for

filing his reply brief by 30 days to and including Friday, September 25, 2015.

4

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 COUNSEL FOR APPELLANT, J. MARK SWINNEA

5

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 25th day of August, 2015, on the following:

Via email drace@icklaw.com Deborah Race Ireland, Carroll & Kelley, P.C. 6101 S. Broadway, Suite 500 Tyler, TX 75703

Via email mahatchell@lockelord.com Mike A. Hatchell Locke Lord, LLP 100 Congress Avenue, Suite 300 Austin, TX 78701

Via email randerson@gillenanderson.com Roger W. Anderson Gillen & Anderson 613 Shelley Park Plaza Tyler, TX 75701

/s/ Greg Smith Greg Smith