Case Information
*0 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 6/26/2015 2:59:54 PM DEBBIE AUTREY Clerk
*1 ACCEPTED 06-15-00017-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS 6/26/2015 2:59:54 PM
DEBBIE AUTREY CLERK No. 06-15-00017-CV IN THE COURT OF APPEALS FOR THE SIXTH DISTRICT OF TEXAS AT TEXARKANA BILLY FITTS and FREIDA FITTS, Appellants, v. MELISSA RICHARDS-SMITH, THE LAW FIRM OF GILLAM & SMITH, LLP, E. TODD TRACY, and THE TRACY LAW FIRM, Appellees. On Appeal from the 71st District Court of Harrison County, Texas Trial Court Cause No. 14-0150 E. TODD TRACY’S AND THE TRACY LAW FIRM’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE THEIR APPELLEES’ BRIEF TO THE HONORABLE COURT OF APPEALS: NOW COMES, E. Todd Tracy and the Tracy Law Firm, Appellees, and pursuant to Rule 10.5(b) and Rule 55.7 of the Texas Rules of Appellate Procedure, file this Unopposed Motion for an Extension of Time to File their Appellee’s Brief.
1. E. Todd Tracy and the Tracy Law Firm’s brief is currently due on July 8, 2015. Appellees request a thirty day extension of time, until Friday, August 7, 2015, to file their brief. 2. E. Todd Tracy and the Tracy Law Firm reasonably request this extension of time because: (i) the Clerk’s Record required numerous supplementations to include the requested pleadings and exhibits, including a recent filing on June 17, 2015, one week after the Appellants’ *2 Brief was filed, and (ii) Appellees’ counsel will be out of the country and unavailable from June 22-June 26, 2015.
3. Appellees Melissa Richards-Smith and The Law Firm of Gilliam & Smith LLP are also filing a motion requesting an extension until August 7, 2015 due to their appellate counsel’s schedule. Granting this extension of time will allow all Appellees to file their respective briefs at the same time.
4. This request is E. Todd Tracy and the Tracy Law Firm’s first request for an extension of time. No prior extensions have been requested or granted to Appellees. 5. Appellees request this extension not in order to delay this matter, but due to its’ counsel’s schedule and in the interest of justice. All parties are unopposed to this request for an extension of time.
For these reasons stated above, E. Todd Tracy and the Tracy Law Firm ask the Court to grant their unopposed extension of time to file Appellees’ Brief, until August 7, 2015. Respectfully submitted, CAMPBELL & CHADWICK, P.C. _/s/ Lindsay McNutt _________________ B RUCE A. C AMPBELL S TATE B AR N O . 03694500 L INDSAY M C N UTT S TATE B AR N O . 24058823 4201 Spring Valley Rd., Suite 1250 Dallas, TX 75244 Telephone: (972) 277-8585 Facsimile: (972) 277-8586 Email: bcampbell@cllegal.com Email: lmcnutt@cllegal.com ATTORNEYS FOR APPELLEES, E. TODD TRACY AND THE TRACY LAW FIRM
CERTIFICATE OF CONFERENCE
*3 On June 26, 2015, Lindsay McNutt, counsel for Appellees, conferred with Lindsey Rames, counsel for Appellants, and Sara Churchin, counsel for the Smith Appellees, regarding this request for a 30-day extension of time. Both Ms. Rames and Ms. Churchin advised that they are unopposed to this request for an extension of time.
_/s/ Lindsay McNutt _________________
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of this document was served pursuant to the Texas Rules of Civil Procedure on the June 26, 2015, as follows: Lindsey Rames Certified mail, return receipt requested R AMES L AW F IRM Personal delivery / Hand Delivery Attorney for Plaintiffs Private delivery / FedEx 5661 Mariner Drive Facsimile transfer Dallas, Texas 75237 First Class Mail Attorneys for Appellants E-filing Carter Hampton Certified mail, return receipt requested Hampton & Associates Personal delivery / Hand Delivery Attorney for Plaintiffs Private delivery / FedEx 1000 Houston Street Facsimile transfer Fort Worth, Texas 76102 First Class Mail Attorneys for Appellants E-filing Wade Crosnoe Shawn Phelan Certified mail, return receipt requested Tommy Horan Personal delivery / Hand Delivery T HOMPSON C OE Private delivery / FedEx 700 North Pearl Street, Suite 2500 Facsimile transfer Dallas, Texas 75201 First Class Mail Attorneys for Smith Appellees E-filing
_/s/ Lindsay McNutt _________________