Wayne E. Freeman Freeman Resources, Ltd. FRM GP, LLC Frank M. Bufkin, III Buffco Production, Inc. Twin Resources, LLC, and Chesapeake Louisiana, L.P. v. Harleton Oil & Gas, Inc.

• Court: Court of Appeals of Texas
• Decided: June 29, 2016
• Docket: 06-16-00034-CV
• Status: Published

Opinion

ACCEPTED 06-16-00034-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS 6/29/2016 11:25:45 AM DEBBIE AUTREY CLERK

CAUSE NO. 06-16-00034-CV

WAYNE E. FREEMAN, et al, § IN THE SIXTH COURT FILED IN Ap p e llan ts § 6th COURT OF APPEALS TEXARKANA, TEXAS § 6/29/2016 11:25:45 AM V. § OF APPEALS OF DEBBIE AUTREY § Clerk HARLETON OIL & GAS, INC., § Ap p e lle e § THE STATE OF TEXAS

APPELLANT FREEMAN’S MOTION TO EXTEND TIME TO FILE THE BRIEF

Appellants, Wayne E. Freeman, Freeman Resources, Ltd., and FRM GP, LLC,

(Appellant Freeman), request that the court extend time to file their brief.

A. Introduction

1. Wayne E. Freeman, Freeman Resources, Ltd., and FRM GP, LLC are

Appellants (Appellant Freeman). Harleton Oil & Gas, Inc. is the Appellee.

2. Appellant Freeman’s brief is currently due on July 11, 2016 and

Appellant Freeman requests an extension until Wednesday, August 10, 2016.

B. Argument and Authorities

3. The court may extend time to file the brief under the authority of Texas

Rule of Appellate Procedure 38.6(d). No rule limits the time within which to file this

motion to extend. See e.g Tex. R. App. P. 38.6(d).

4. Appellant’s brief is currently due on July 11, 2016. See Tex. R. App. Pro.

38.6(a).

5. Appellant now requests an additional thirty (30) days to file Appellant Freeman’s brief, extending the time until August 10, 2016.

6. No prior extensions have been granted to Appellant Freeman to extend

time to file Appellant Freeman’s Brief.

7. Appellant Freeman requests additional time to file its brief because

Appellant’s counsel received the complete appellate record on June 22, 2016. Thus,

Counsel only had a total of 19 days, and 12 business business days(which excludes

July 4) to read the appellate record, research the legal issues and draft the brief.

During that interim period, Counsel had numerous other legal matters to address.

Additionally, the appeal involves numerous parties, a large record and multiple legal

issues. These issues must be researched, considered and drafted, then the brief

finalized and filed. However, the remaining time period is insufficient to do so.

Finally, Appellant’s counsel is currently appellate counsel on six currently pending

appeals in this Court and numerous other legal issues. Accordingly, Appellant’s

counsel requests an additional thirty days.

8. Appellee’s counsel was contacted and does not oppose the motion.

C. Prayer

9. For these reasons, Appellant asks the Court to grant an extension of

time to file its brief in this cause to Wednesday, August 10, 2016, and for such other

and further relief to which it may be entitled.

Appellant Freeman’s Motion to Extend Time to File the Brief Page 2 Respectfully submitted,

Mille r, Jam e s , Mille r & Ho rn s b y , L.L.P.

By:________________________________ Troy Hornsby Texas State Bar Number 00790919

1725 Galleria Oaks Drive Texarkana, Texas 75503 troy.hornsby@gmail.com 903.794.2711; f. 903.792.1276

Richard S. Krumholz Barton Wayne Cox Nicholas Hendrix Norton Rose Fulbright US, LLP 2200 Ross Avenue, Suite 3600 Dallas, Texas 75201

Attorney for Wayne E. Freeman, Freeman Resources, Ltd. and FRM GP, LLC

CERTIFICATE OF CONFERENCE

This is to certify that pursuant to Texas Rule of Appellate Procedure 10.1(a)(5), Appellant Freeman's counsel conferred with Greg Smith, Harleton’s counsel, who was not opposed to the motion.

_______________________ Troy Hornsby

Appellant Freeman’s Motion to Extend Time to File the Brief Page 3 CERTIFICATE OF SERVICE

This is to certify that on June 29, 2016, a true and correct copy of the above and foregoing Appellant’s Motion to Extend Time to File the Brief has been forwarded by U.S. mail on all counsel of record listed below.

Attorneys for Defendants Frank M. Robert W. Lee Bufkin, III, Buffco Production, Inc. 121 S. Broadway, Suite 668 and Twin Resources, LLC Tyler, Texas 75702 John H. Boswell Boswell & Hallmark, PC Greg Smith 908 Town & Country Blvd., Suite 200 Ramey & Flock, P.C. Houston, Texas 77024 100 East Ferguson, Suite 500 john@johnboswelllaw.com Tyler, Texas 75702

Gene F. Creely, II Counsel for Chesapeake Louisiana, Creely Law Firm PLLC L.P. and Chesapeake Operating, Inc. 620 West Alabama Street Jesse R. Pierce Houston, Texas 77006 Brian K. Tully gcreely@creelylaw.com Pierce & O'Neill, LLP 4203 Montrose Boulevard John R. Mercy Houston, Texas 77006 Mercy Carter Tidwell LLP 1724 Galleria Oaks Drive Collin Maloney Texarkana, Texas 75503 Ireland, Carroll & Kelley, P.C. jmercy@texarkanalawyers.com 6101 South Broadway, Suite 500 Tyler, Texas 75703 Counsel for Plaintiff Harleton Oil & Gas Inc. Brent Howard Howard & Davis 100 E. Ferguson Street, Suite 1200 Tyler, Texas 75702

Appellant Freeman’s Motion to Extend Time to File the Brief Page 4