Mark J. Healey v. Edwin N. Healey

Opinion

ACCEPTED

12-15-00047-CV

TWELFTH COURT OF APPEALS

TYLER, TEXAS

9/14/2015 4:50:46 PM

Pam Estes

CLERK

No. 12-15-00047-CV

FILED IN

12th COURT OF APPEALS

IN THE COURT OF APPEALS TYLER, TEXAS FOR THE TWELFTH JUDICIAL DISTRICT OF9/14/2015 TEXAS4:50:46 PM

TYLER, TEXAS PAM ESTES Clerk

MARK J. HEALEY

APPELLANT

V.

EDWIN N. HEALEY

APPELLEE

Appeal from the 3rd Judicial District Court Henderson County, Texas;

Cause No. 2014C-0638, the Honorable Mark Calhoon, Presiding

AGREED MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF

TO THE HONORABLE TWELFTH COURT OF APPEALS:

Appellee Edwin N. Healey files this Agreed Motion to Extend Time to File

Appellee’s Brief.

I. Introduction

1. Appellant is Mark J. Healey. Appellee is Edwin N. Healey.

2. No rule limits the time within which to file this motion to extend. See

TEX. R. APP. P. 38.6(d).

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II. Arguments and Authorities

3. This Court may extend the time to file an Appellee’s Brief under the

authority of Texas Rule of Appellate Procedure 38.6(d).

4. Appellee’s Brief is due on September 21, 2015.

5. Appellee’s appellate counsel electronically filed a request for a copy

of the Clerk’s and Reporter’s record on September 3, 2015, and has yet to receive

those records.

6. Appellant and Appellee are currently conducting settlement

negotiations, which the agreed upon extension requested herein would benefit.

7. Appellee requests an extension of sixty (60) days from the date that

his Appellee’s Brief is due so that he may submit a narrowly tailored brief that

assists this Court with the resolution of this Appeal, and also to give the parties

more time to continue settlement negotiations. If this Motion is granted, the due

date for the Appellee’s Brief would be Friday, November 20, 2015.

8. Appellee has not filed any previous motions to extend time in this

matter. Appellant was granted a sixty (60) day extension to his deadline for filing

Appellant’s Brief, the same amount of time for which Appellee is asking. This

motion is filed for good cause, in the interest of judicial economy, and is not filed

solely for delay.

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III. Conclusion

Accordingly, Appellee requests that this Court grant this Motion to Extend

Time to File Appellee’s Brief, enter an order extending the due date for Appellee’s

Brief from September 21, 2015 to November 20, 2015, and award any and all other

relief to which he is entitled in either law or equity.

Respectfully submitted, LOVELACE KILLEN, P.L.L.C.

By: /s/ Koy R. Killen

Koy R. Killen Texas Bar No. 24032628 kkillen@lovelacekillen.com Clinton W. Dennis Texas Bar No. 24074130 cdennis@lovelacekillen.com 104 South Main Street Burleson, Texas 76028 Tel. (817) 447-0053 Fax. (817) 447-0052

ATTORNEYS FOR APPELLEE EDWIN N. HEALEY

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CERTIFICATE OF CONFERENCE I, the undersigned, do hereby certify that on September 14, 2015, counsel for Appellee conferred with counsel for Appellant regarding the merits of this Motion, and Appellant agreed to the relief requested herein.

/s/ Koy R. Killen Koy R. Killen

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document has been served upon the following counsel of record, via electronic service on September 14, 2015. Steve Stark Via Electronic Service Stark & Groom, LLP 110 East Corsicana Street Athens, Texas 75751 Attorney for Appellant /s/ Koy R. Killen Koy R. Killen