Case Information
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No. 06-15-00013-CV
In THE COURT OF APPEALS FOR THE SIXTH District OF Texas AT TEXARKANA
FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 8/12/2015 1:47:49 PM DEBBIE AUTREY Clark CITY NATIONAL BANK OF SULPHUR SPRINGS. . . . . . . . . . APPELLANT V.
JOHN ALEXANDER SMITH. . . . . . . . . . . . . . . . . . . . . . . . . . . . APPELLEE
Joint Motion to Extend Time for Filing Briefs of APPELLANT, City National Bank OF Sulphur SPRINGS, AND Cross-APPELLANT, JOHN ALEXANDER SMITH
TO THE HONORABLE COURT OF APPEALS:
CITY NATIONAL BANK OF SULPHUR SPRINGS, Appellant, and JOHN ALEXANDER SMITH, Cross-Appellant in the above styled and numbered cause, hereby move the Court pursuant to Rule 38.6(d), Texas Rules of Appellate Procedure, for an extension of time to file their briefs. As grounds for such extension Appellant would show unto the Court the following: I.
This is Appellant's first request for an extension of time in which to file its brief. Appellant's brief is due to be filed on August 17, 2015.
This is Cross-Appellant's first request for an extension of time in which to file his brief. Cross-Appellant's brief is due to be filed on August 17, 2015.
*2 I.
Counsel for both Appellant and Cross-Appellant have begun preparation of Appellant's brief in this case, however, due to other commitments counsel have been unable to complete research and finalize the briefs in this case. III.
Therefore, Appellant and Cross-Appellant would request an extension of thirty (30) days in which to file their briefs. The requested extension should not in the ordinary course of procedure in this court delay oral argument and submission and is not requested for delay but that justice be served.
WHEREFORE, PREMISES CONSIDERED, Appellant, CITY NATIONAL BANK OF SULPHUR SPRINGS, and Cross-Appellant, JOHN ALEXANDER SMITH, pray that the time for filing their appellate briefs be extended thirty (30) days until September 16, 2015.
Respectfully submitted, /s/ John R. Mercy John R. Mercy State Bar No. 13947200 Mercy Carter Tidwell, L.L.P. 1724 Galleria Oaks Drive Texarkana, TX 75503 Telephone: (903) 794-9419 Facsimile: (903) 794-1268 E-mail: jmercy@texarkanalawyers.com
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Coy Johnson State Bar No. 10698000 Email: coy@clayjohnsonlaw.com Clay Johnson State Bar No. 24007450 Email: clay@clayjohnsonlaw.com JOHNSON LAW FIRM, P.C. 609 Gilmer Street Sulphur Springs, TX 75482-4121 Telephone: (903) 885-8866 Facsimile: (903) 584-1313 ATTORNEYS FOR APPELLANT, CITY NATIONAL BANK OF SULPHUR SPRINGS J. Mark Sudderth
State Bar No. 19461500 Noteboom LaW FirM 669 Airport Freeway, Suite 100 Hurst, TX 76053-3698 Telephone: (817) 282-9700 Facsimile: (817) 282-8073 Email: sudderth@noteboom.com ATTORNEYS FOR CROSS-APPELLANT, JOHN ALEXANDER SMITH
Certificate of Conference
The parties have conferred and agreed to file this joint motion. /s/ John R. Mercy John R. Mercy
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CERTIFICATE OF SERVICE
I hereby certify that the foregoing Joint Motion to Extend Time for Filing Briefs of Appellant, City National Bank of Sulphur Springs, and Cross-Appellant, John Alexander Smith, has been served via e-service on:
Mr. J. Mark Sudderth Noteboom LaW FirM 669 Airport Freeway, Suite 100 Hurst, TX 76053-3698 Email: sudderth@noteboom.com John R. Mercy Mercy Carter Tidwell, L.L.P. 1724 Galleria Oaks Drive Texarkana, TX 75503 E-mail: imercy@texarkanalawyers.com Coy Johnson Email: coy@clayjohnsonlaw.com Clay Johnson Email: clay@clayjohnsonlaw.com JOHNSON LAW FirM, P.C. 609 Gilmer Street Sulphur Springs, TX 75482-4121 this the day August, 2015. /s/ John R. Mercy John R. Mercy