Leta York v. Todd Boatman

Opinion

ACCEPTED

06-15-00030-CV

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS

10/5/2015 1:30:04 PM

DEBBIE AUTREY

CLERK

NO. 06-15-00030

FILED IN

6th COURT OF APPEALS

LETA YORK IN THE TEXARKANA, TEXAS Appellant, 10/5/2015 1:30:04 PM DEBBIE AUTREY

V. SIXTH COURT Clerk

TODD BOATMAN Appellee. OF APPEALS

FIRST MOTION TO EXTEND TIME TO FILE APPELLANT'S SR1KF TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes Leta York, Appellant in the above styled and numbered cause, and moves this Court to grant an extension of time to file appellant's 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 62ND Judicial District Court of Hopkins County, Texas.

2. The case below was styled Leta York vs. Todd Boatman, and numbered CV 41400.

3. This is a civil case involving title to land. There is no question for immediate possession of the land.

4. Notice of appeal was given on JUNE l9, 2015.

5, The clerk's record was filed on July 23, 2015; the reporter's record was filed on September 4, 2015,

6. The appellate brief is presently due on October 5, 2015.

7. Appellant requests an extension of time of 14 days from the present date, i.e. October 19, 2015.

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

9, Appellant relies on the following facts as good cause for the requested extension:

Appellant's attorney has had a death in the family during the last 30 days and has had extensive preparation for a jury trial and other hearings that were not originally foreseen. He is almost complete with the brief, but needs just a few more days to complete it. Appellee is in agreement with this extension, 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,

SMITH k, SMITH LAW FIRM

300 Oak Avenue

Sulphur Springs, TX 75482 Tel: (903) 439-3000

Fax; (903) 439-3110

By'.

Phil Smith

State Bar No. 18664400

p smith 300@hotmail. corn Attorney for Leta York

CERTIFICATE OF SERVICE

This is to certify that on October 5, 2015, a true and correct copy of the above and foregoing document was served on Larry A. Powers by fax to 903-885-1199.

Phil Smith

CERTIFICATE OF CONFERENCE This is to certify that I have personally spoken to the other attorne, Larry A.

Powers, and he has agreed to this request for extension of time to file Appellant's brief,

Phil Smit

STATE OF TEXAS COUNTY OF HOPKINS

AFFIDAVIT

BEFORE ME, the undersigned authority, on this day personally appeared Phil Smith, who after being duly sworn stated;

"1 am the attorney for the appellant in the above numbered and entitled cause, l have read the foregoing Motion To Extend Time to File Appellant's Brief and swear that all of the allegations of fact contained therein are true and correct. "

Phil Smith

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME on IQQA. ~ Ma 2015, to certify which witness my hand and seal of office.

WK E. SMITH No Public, tate of Texas MY COMMISSION EXPIRES Febnwy t4, 3Ile