Ron Seale, Individually and as the Representative of the Estate of Clara Lavinia Seale v. Horace Truett Seale and Wife, Nan Seale

Opinion

ACCEPTED

12-15-00004-CV

TWELFTH COURT OF APPEALS

TYLER, TEXAS

3/20/2015 12:42:54 PM

CATHY LUSK

CLERK

Case No. 12-15-00004-CV

IN THE FILED IN 12th COURT OF APPEALS

TYLER, TEXAS

TWELFTH COURT OF APPEALS 3/20/2015 12:42:54 PM CATHY S. LUSK

TYLER, TEXAS Clerk

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RON SEALE, INDIVIDUALLY AND AS THE REPRESENTATIVE OF THE ESTATE OF CLARA LAVINIA SEALE, Appellant,

v.

HORACE TRUETT SEALE AND WIFE, NAN SEALE, Appellees.

__________________________________________________________________

APPELLANT’S MOTION FOR EXTENSION OF TIME TO FILE APPELLATE BRIEF (RULE 38.6(d))

__________________________________________________________________

TO THE HONORABLE COURT OF APPEALS:

Comes now Appellant, Ron Seale, Individually and as the Representative of the Estate of Clara Lavinia Seale, Deceased, and presents this his motion for extension of time to file appellant’s brief and in support thereof would respectfully show unto the Court as follows:

I.

That counsel for the Appellant is scheduled for an annual vacation from March 19, 2015 to March 27, 2015, outside the state.

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II.

That Appellant’s counsel is set for jury trial from March 31, 2015 to April 3, 2015.

III.

That during the past thirty (30) days, counsel for the Appellant has had the following scheduled:

Federal Administrative Hearings – 12 Depositions - 6 Mediations - 1 Court Settings - 9 As a result, counsel for the Appellant has been unable to prepare the Appellant’s brief.

IV.

No previous extensions have been granted by the Court and none have been requested.

V.

The extension of time requested will not prejudice or inconvenience Appellees in any manner, nor will the time for submission of this case be extended by granting an extension of time in which to file Appellant’s brief.

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VI.

Richard L. Ray, counsel for Appellant has attempted to conference with John F. (Jack) Walker, III, Martin Walker, P.C., counsel for Appellees, on March 20, 2015, concerning the requested extension and was told by Mr. Walker’s staff that he informed by email that he does not opposes this motion.

PRAYER FOR RELIEF

Therefore, Appellant respectfully requests that the Court issue an order extending the time for filing the Appellant’s brief in the above case to May 1, 2015.

Respectfully submitted,

RAY & THATCHER,

ATTORNEYS AT LAW, PC

/s/ Richard L. Ray

RICHARD L. RAY

State Bar No. 16606300

VICTORIA RAY THATCHER

State Bar No. 24054462

300 South Trade Days Blvd.

Canton, Texas 75103

903-567-2051

903-567-6998 (fax)

rlray@rayandthatcher.com

ATTORNEYS FOR APPELLANT

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CERTIFICATE OF CONFERENCE I, Richard L. Ray, do hereby certify that I attempted to conference with John F. (Jack) Walker, III on March 20, 2015, for purposes of this Certificate of Conference, and was told by Mr. Walker’s staff that he informed by email he is not opposed to Appellant’s Motion for Extension of Time to File Brief (Rule 38.6(d)).

/s/ Richard L. Ray

RICHARD L. RAY

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CERTIFICATION

I certify that a copy of this motion has been provided to all the following counsel of record this the 20th day of March, 2015:

John F. (Jack) Walker, III Martin Walker, P.C.

The Arcadia Theater 121 N. Spring Avenue Tyler, Texas 75702 (903) 595-0796 – fax.

/s/ Richard L. Ray

RICHARD L. RAY