Tami Donald, Jerry Moore, and Summit Spring Water Company, Inc. v. Brian Rhone, BMR Distributing, Inc., Chris Rhone, and Rhone Water Company, Inc. D/B/A Frosty's Water

Opinion

ACCEPTED 06-15-00052-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS 10/5/2015 3:06:49 PM DEBBIE AUTREY CLERK

No. 06-15-00052-CV ————————— IN THE COURT OF APPEALS FILED IN 6th COURT OF APPEALS FOR THE SIXTH DISTRICT OF TEXAS TEXARKANA, TEXAS AT TEXARKANA 10/5/2015 3:06:49 PM ————————————————————————————————— DEBBIE AUTREY Clerk

TAMI DONALD, JERRY MOORE, and SUMMIT SPRING WATER CO., INC.

Appellants

v.

BRIAN RHONE, CHRIS RHONE, BMR DISTRIBUTING, INC., and RHONE WATER CO., INC.

Appellees

————————————————————————————————— On Appeal from the 336th District Court of Fannin County, Texas The Honorable Laurine J. Blake, Judge Presiding —————————————————————————————————

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ BRIEF

—————————————————————————————————

I.

Appellants move for an unopposed extension of time to file their brief and state

the following in support:

Appellants’ brief is due to be filed on October 26, 2015. Appellants

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ BRIEF Page 1 respectfully request a thirty-day extension of time, until November 25th, to file their

brief. Appellants have not previously requested an extension of time to file their

brief. Appellants are not filing this motion for the purpose of delay, but in the interest

of justice.

II.

Appellants’ counsel is Chad Ruback. Ruback has been busy assisting trial

counsel in the trial of In re Estate of Barbara R. Dean, cause number 7344 in the

County Court of Jim Wells County, Texas. After seven non-consecutive days of trial,

the case settled on September 25th.

Ruback has also been busy drafting an appellant’s brief in Dorothy S. Nesmith,

M.D., P.A. v. Valley Baptist Medical Center, cause number 13-15-00207-CV in the

Corpus Christi Court of Appeals. Ruback filed that brief on September 30th.

Ruback has been (and continues to be) busy drafting an appellant’s reply brief

in Bush v. Bush, cause number 05-15-00586-CV in the Dallas Court of Appeals. That

brief is due on October 13th.

Due to these other obligations, Ruback will be unable to complete Appellants’

brief in this case by the October 26th deadline.

III.

WHEREFORE, PREMISES CONSIDERED, Appellants pray that this Court

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ BRIEF Page 2 enter an order granting their Unopposed Motion for Extension of Time to File

Appellants’ Brief and specifying that Appellants’ brief be filed on or before

November 25, 2015.

Respectfully submitted,

/s/ Chad M. Ruback Chad M. Ruback State Bar No. 90001244 chad@appeal.pro The Ruback Law Firm 8117 Preston Road Suite 300 Dallas, Texas 75225 (214) 522-4243 (214) 522-2191 facsimile

CERTIFICATE OF CONFERENCE

I certify that, on October 5, 2015, I conferred with Appellees’ counsel and that he is unopposed to the relief sought in this motion.

/s/ Chad M. Ruback Chad M. Ruback

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ BRIEF Page 3 CERTIFICATE OF SERVICE

I certify that, on October 5, 2015, I served a copy of this motion to the following counsel for Appellees:

Thomas F. Dunn 4025 Woodland Park Boulevard Suite 150 Cedar Arlington, Texas 76013

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ BRIEF Page 4