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