Walter Bounds and Wife, Carolyn B. Bounds, Appellants/Cross-Appellees v. John Thomas Prud'Homme, Appellees/Cross-Appellants

Opinion

ACCEPTED

12-15-00177-CV

TWELFTH COURT OF APPEALS

TYLER, TEXAS

8/11/2015 4:52:51 PM

CATHY LUSK

CLERK

CAUSE NO. 12-15-00177-CV

FILED IN

12th COURT OF APPEALS

IN THE COURT OF APPEALS TYLER, TEXAS 8/11/2015 4:52:51 PM

FOR THE CATHY S. LUSK Clerk

TWELFTH COURT OF APPEALS DISTRICT AT TYLER, TEXAS.

WALTER BOUNDS and wife, CAROLYN B. BOUNDS, Appellant, VS.

JOHN THOMAS PRUD’HOMME, JOSEPH GILBERT PRUD’HOMME, JOSEPH LYNN PRUD’HOMME, PETER A. BREEN, Individually and as Successor Trustee of the BREEN FAMILY TRUST, JANET M. SUTRO, SUSAN E. BREEN, and TERRANCE E. BREEN, individually and d/b/a E. G. AND M. A. PRUD’HOMME BENEFICIARIES PARTNERSHIP, Appellee.

On Appeal from the 1st Judicial District Court of San Augustine County, Texas.

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FIRST MOTION TO EXTEND TIME FOR FILING APPELLANT’S BRIEF ------------------------------------------------------------------------------------------------------- TO THE SAID HONORABLE COURT OF APPEALS:

Now come WALTER BOUNDS, and wife, CAROLYN D. BOUNDS, the Appellants and in the above styled and numbered matter, and JOHN THOMAS PRUD’HOMME, JOSEPH GILBERT PRUD’HOMME, JOSEPH LYNN

PRUD’HOMME, PETER A. BREEN, Individually and as Successor Trustee of the BREEN FAMILY TRUST, JANET M. SUTRO, SUSAN E. BREEN, and TERRANCE E. BREEN, individually and d/b/a E. G. AND M. A. PRUD’HOMME BENEFICIARIES PARTNERSHIP, the Appellees and Cross Appellants therein, and move the court for an extension of time within which to file Appellant’s and Cross Appellants’ briefs herein, and, in support thereof, would shown the court as follows:

1.

This motion is made by WALTER BOUNDS, and wife, CAROLYN D.

BOUNDS, the Appellants, and JOHN THOMAS PRUD’HOMME, JOSEPH GILBERT PRUD’HOMME, JOSEPH LYNN PRUD’HOMME, PETER A. BREEN, Individually and as Successor Trustee of the BREEN FAMILY TRUST, JANET M. SUTRO, SUSAN E. BREEN, and TERRANCE E. BREEN, individually and d/b/a E. G. AND M. A. PRUD’HOMME BENEFICIARIES PARTNERSHIP, the Appellees and Cross-Appellants, in the above styled and numbered matter.

2.

Appellants’ and Cross-Appellants’ briefs are due to be filed on August 24, 2015.

3

3.

Appellants and Cross-Appellants request a 30 day extension of time for filing their briefs, thus creating a new due date for filing such brief of September 22, 2015.

3.

This is the Parties’ first motion for an extension of time within which to file their briefs.

4.

An extension of time to file Appellant’s brief is needed because counsel for Appellant is a sole practitioner and attention to counsel’s calendar leave insufficient time for counsel to adequately prepare his brief within the time currently allowed.

5.

Counsel for Appellants and Appellee and Cross Appellant have conferred with each other in compliance with TEX. R. APP. P., 10.1(a)(5), and are in agreement to the granting this motion.

WHEREFORE, premises considered, Appellants and Cross-Appellants pray this court to enter its orders extending the time within which Appellants and Cross-Appellants may file their briefs herein to, and including September