Rex Smith v. Kelly Davis and Amber Davis

Opinion

ACCEPTED 12-14-00007-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 3/10/2015 10:55:48 AM CATHY LUSK CLERK

No. 12-14-00007-CV FILED IN 12th COURT OF APPEALS TYLER, TEXAS In the Court of Appeals 3/10/2015 10:55:48 AM for the CATHY S. LUSK Clerk Twelfth District of Texas Tyler, Texas

REX SMITH Appellant

v.

KELLY DAVIS AND AMBER DAVIS Appellees

Appealed from the 294th Judicial District Court Van Zandt County, Texas

APPELLANT’S MOTION TO EXTEND REHEARING RESPONSE DEADLINE

Jeffrey C. Irion Texas Bar No. 10413500 240 S. Old Gun Barrel Lane P. O. Box 5027 Gun Barrel City, Texas 75147 Telephone: 903-887-4050 Facsimile: 866-422-8403 jirionattorney@aol.com

Greg Smith Texas Bar No. 18600600 RAMEY & FLOCK, P.C. 100 E. Ferguson, Suite 500 Tyler, Texas 75702 Telephone: 903-597-3301 Facsimile: 903-597-2413

ATTORNEYS FOR APPELLANT TO THE HONORABLE COURT OF APPEALS:

Appellant, Rex Smith, asks the Court to extend the rehearing response deadline by 14

days to and including March 30, 2015.

1. Information Required By Rule 10.5, Tex. R. App. P.

The following information supports this request.

(i) Appellant’s rehearing response deadline is currently due to be filed on March 16,

2015.

(ii) Appellant asks that the deadline for filing his rehearing response be extended by

an additional 14 days to and including Monday, March 30, 2015.

2. Facts Explaining the Need to Extend Rehearing Response Deadline

Counsel is unable to prepare an adequate rehearing response and obtain the necessary

client approval by the current due date, because of the following reasons: Greg Smith’s available

time between now and March 23 is reserved for preparation and filing of the Respondents’

Merits Brief in the Texas Supreme Court, in No. 13-0986, Helfand v. Southwestern Energy Production

Company, defending this Court’s decision. The March 23 deadline in the Helfand appeal is not

extendable.

3.

This motion is not sought solely for delay, but in the interest of justice and to ensure that

the Appellant’s response to Appellees’ Motion for Rehearing sufficiently aids the Court’s

decisional process.

1 4.

Appellees oppose this request.

Conclusion and Prayer

Appellant, Rex Smith, prays that the Court would extend the rehearing response deadline

by 14 additional days, to and including March 30, 2015.

Respectfully submitted,

Jeffrey C. Irion Texas Bar No. 10413500 240 S. Old Gun Barrel Lane P. O. Box 5027 Gun Barrel City, Texas 75147 Telephone: 903-887-4050 Facsimile: 866-422-8403 jirionattorney@aol.com

/s/ Greg Smith Greg Smith State Bar No. 18600600

RAMEY & FLOCK, P.C. 100 East Ferguson, Suite 500 Tyler, TX 75702 Telephone: (903) 597-3301 Facsimile: (903) 597-2413 gsmith@rameyflock.com

COUNSEL FOR APPELLANT, REX SMITH

2 Certificate of Service

The undersigned certifies that a copy of the above and foregoing document was served

upon counsel for Appellees in accordance with the applicable Texas Rules of Civil Procedure on

this the 10th day of March, 2015, on the following:

Via email S. Gary Werley, Attorney 1840 Acton Highway Granbury, Texas 76049 sgwerley@werleylaw.com

/s/ Greg Smith Greg Smith