Larry Lott D/B/A Larry Lott Interiors v. Chaley McCain

Opinion

ACCEPTED 12-15-00244-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 11/16/2015 6:14:38 PM Pam Estes CLERK

NO. 12—15-00244-CV

IN THE TWELFTH COURT OF APPEALS TYLER, TEXAS FILED IN 12th COURT OF APPEALS TYLER, TEXAS 11/16/2015 6:14:38 PM LARRY LOTT D/B/A LARRY LOTT INTERIORS, PAM ESTES Clerk Appellant, v.

CHALEY MCCAIN,

Appellee.

FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S BRIEF

Amy D. Long Texas Bar No. 24036984 100 E. Ferguson St., Suite 610 Tyler, Texas 75702 903-592-1641 888-407-7724 fax amv(2),amvdlong.com Attorney for Appellant Larry Lott d/b/a Larry Lott Interiors

FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S BRIEF 1 TO THE HONORABLE FOURTEENTH COURT OF APPEALS:

Pursuant to TEX. R. APP. P. 10.1 and 38.6(d), the Appellant, Larry Lott

d/b/a Larry LottInteriors, files this First Motion to Extend Time to File Appellant's

Brief.

Appellant's opening brief is currently due on November 16,2015.

Counsel for Appellant requests a 30-day extension of time to file its brief,

making the brief due on December 16, 2015. This is the first request for extension

oftime to file the opening brief.

Counsel for Appellant relies on the following reasons, in addition to the

routine matters that counsel must attend to in daily practice, to explain the need for

the requested extension:

Counsel for Appellant discovered on November 16, 2015 that the Clerk's record filed with the Court of Appeals is incomplete. Specifically, missing from the record is the Request for Jury Trial electronically filed by Defendant, Larry Lott d/b/a/ Larry Lott Interiors on March 11, 2015. Counsel for Appellant will need to request a supplemental record from the Clerk ofthe District Court.

Counsel for Appellant seeks this extension of time to be able to prepare a

cogent and succinct brief with correct citations to the record to aid this Court in its

analysis of the issues presented. This request is not sought for delay but so that

justice may be done.

The undersigned has attempted to confer with opposing counsel, and he was

not available and did not immediately respond to an email inquiry whether he

opposes or does not oppose this motion. FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S BRIEF 2 All facts recited in this motion are within the personal knowledge of the

counsel signing this motion, therefore no verification is necessary under Rule of

Appellate Procedure 10.2.

PRAYER FOR RELIEF

For the reasons set forth above, Appellant requests that this Court grant this

First Motion to Extend Time to File Appellant's Brief and extend the Deadline for

Filing the Appellant's Briefup to and including December 16, 2015. Appellant

prays for all other relief to which it may be entitled.

Respectfully submitted,

AmyAD. TBN. 240369! 100 E. Ferguson, Suite 610 Tyler, Texas 75702 903-592-1641 888-407-7724 fax amy@amydlong.com Counsel for Appellant

FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S BRIEF 3 Certificate of Conference

I certify that I attempted to confer and correspond with Vance Metcalf, counsel for Appellee regarding this motion and that Appellee was not available to

discuss the matter by phone or email.

Amy D. Lorn Counsel for Appellant

CERTIFICATE OF SERVICE

I certify that on November 16, 2015,1 e-served and mailed a copy of this

motion to the following counsel by First Class U.S. Mail:

Vance L. Metcalf Kent, Good & Anderson, PC Woodgate I, Suite 200 1121 ESE Loop 323 Tyler, Texas 75701 vmetcalf@tyler.net

Amy D CounseMbr Appella^

FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S BRIEF 4