Sanger Bank v. David Frankens and Kathryn Frankens

Opinion

ACCEPTED 12-15-00256-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 12/22/2015 2:10:00 PM Pam Estes CLERK

IN THE COURT OF APPEALS FOR THE TWELFTH DISTRICT OF TEXAS AT TYLER FILED IN 12th COURT OF APPEALS SANGER BANK, § TYLER, TEXAS Appellant, § 12/22/2015 2:10:00 PM § PAM ESTES v. § 12-15-00256-CV Clerk § DAVID CHRISTOPHER FRANKENS AND § KATHRYN FRANKENS, § Appellees. §

APPELLEES’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF

TO THE HONORABLE COURT OF APPEALS:

Pursuant to Rule 10.5(b) of the Texas Rules of Appellate Procedure, David

Christopher Frankens and Kathryn Frankens, appellees, move for an extension of

time to file their brief, and would respectfully show the Court the following:

1. The current deadline for filing Appellees’ brief is December 30, 2015.

2. Appellees request a two-week extension of time for filing their brief,

thus creating a new deadline of January 13, 2016. This is the Appellees’ first

motion for extension of time to file their brief. No unnecessary delay will result

with the granting of this extension.

3. Appellees rely upon the following facts to reasonably explain their need

for this extension: Appellees’ brief is currently due between the Christmas and

New Year’s holidays, during which time counsel for Appellees has a vacation scheduled, counsel’s office will be closed for several days, and the days that

counsel’s office will be open, there will be a greatly reduced staff.

Appellees respectfully request that this honorable Court grant them a two-

week extension for filing their brief, thus creating a due date of January 13,

2016. Appellees further request all other appropriate relief to which they may be

entitled.

Respectfully submitted,

/s/ Krystal E. Riley Krystal E. Riley State Bar No. 24065977 kriley@skeltonslusher.com SKELTON SLUSHER BARNHILL WATKINS WELLS PLLC 1616 S. Chestnut Street Lufkin, Texas 75901 Telephone: (936) 632-2300 Facsimile: (936) 632-6545 Attorneys for Appellees

CERTIFICATE OF SERVICE

I hereby certify that on December 21, 2015, I communicated by email with Ryan Thomas Webster, counsel for Appellant, and Mr. Webster replied that he did not oppose the foregoing motion for extension.

/s/ Krystal E. Riley Krystal E. Riley

CERTIFICATE OF SERVICE

A true and correct copy of the foregoing instrument was served or delivered by email to:

Ryan Thomas Webster R. William Wood WOOD, THACKER & WEATHERLY, P.C. 400 West Oak Street, Suite 310 Denton, Texas 76201 Tel. (940) 565-6565 Fax: (940) 566-6673 ryan@wtwlawfirm.com Lead Appellate Counsel for Appellant

on December 22, 2015.

/s/ Krystal E. Riley Krystal E. Riley