Martha N. Hill and Gary Hill v. Winnon Earl Sword

Opinion

ACCEPTED 12-13-00379-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 1/16/2015 4:53:20 PM CATHY LUSK CLERK

No. 12-13-00379-CV ______________________________________________________________________________ FILED IN IN THE TWELFTH COURT OF APPEALS 12th COURT OF APPEALS TYLER, TEXAS AT TYLER 1/16/2015 4:53:20 PM ________________________________________________________________________ CATHY S. LUSK Clerk

MARTHA N. HILL AND GARY HILL

Appellants

v.

WINNON EARL SWORD

Appellee ________________________________________________________________________

Appeal from the 114th Judicial District Court of Smith County, Texas ______________________________________________________________________________

APPELLANTS’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR REHEARING ______________________________________________________________________________

Comes now Martha N. Hill and Gary Hill (“Hill”), Appellants, herein

(“Appellants”), and pursuant to Texas Rule of Appellate Procedure 49.8 file this, its

Appellants’ Unopposed Motion for Extension of Time to File Motion For Rehearing. In

support thereof, Appellants would respectfully show unto the Court as follows:

1. The deadline for filing Appellants’ Motion for Rehearing in this court is

January 22, 2015.

2. Appellants seek an order extending the time for filing their Motion for

Rehearing for 15 days, so that Appellants’ Motion would be due for filing in this court on

February 6, 2015. 3. Appellants request this extension of time to file their Motion for Rehearing

in order to accommodate and comply with briefing deadlines in two other appellate cases

and associated responsibilities therewith.

4. This is the first request for extension of time for filing the Motion for

Rehearing that Appellants have sought from this Court.

5. This request is not sought for the purpose of delay, but to allow Appellants

adequate time to fully and properly address the merits of their Motion for Rehearing.

Prayer

Therefore, Appellants respectfully request that the Court issue an order extending

the time for filing Appellants’ Motion for Rehearing in the above case to February 6,

2015.

Respectfully submitted,

FLOWERS DAVIS, P.L.L.C.

By: Julie P. Wright State Bar No. 00794883 Morgan M. Elliott State Bar No. 24065196 1021 ESE South Loop 323, Suite 200 Tyler, Texas 75701 (903) 534-8063 (903) 534-1650 Facsimile Email: jpw@flowersdavis.com

ATTORNEYS FOR APPELLANTS MARTHA AND GARY HILL Appellants’ Unopposed Motion for Extension of Time to File Motion for Rehearing Page 2 CERTIFICATE OF CONFERENCE

On January 16, 2015, Appellants’ attorney conferred with counsel for Appellee and has been advised that Appellee does not oppose this motion.

Julie P. Wright

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of this instrument was served by Electronic Filing Service on January 16, 2015.

Mr. Scott R. Ritcheson Via E-Service: scottr@rllawfirm.net Ritcheson, Laufer, Vincent & Dukes, PC 821 ESE Loop 323, Suite 530 Tyler, Texas 75701

Julie P. Wright

Appellants’ Unopposed Motion for Extension of Time to File Motion for Rehearing Page 3