Case Information
*0 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 3/23/2015 3:46:48 PM CATHY S. LUSK Clerk *1 ACCEPTED 12-14-00365-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 3/23/2015 3:46:48 PM CATHY LUSK CLERK NO. 12-14-00365-CV
EDOM CORNER, LLC and § IN THE COURT
EARL A. BERRY, JR. §
§
VS. § OF APPEALS
§
IT’S THE BERRYS, LLC d/b/a § TWELFTH APPELLATE
MARY ELLEN’S § DISTRICT
MOTION TO EXTEND TIME TO FILE APPELLANTS’ BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Edom Corner, LLC and Earl A. Berry, Jr., Appellants in the above
styled and numbered cause, and moves this Court to grant an extension of time to
file Appellants’ brief, pursuant to Rule 38.6 of the Texas Rules of Appellate
Procedure, and for good cause shows the following: This case is on appeal from the 294th th Judicial District Court of Van
1.
Zandt County, Texas. The case below was styled It’s the Berrys, LLC d/b/a Mary Ellen’s v.
Edom Corner, LLC and Earl A. Berry, Jr., Cause No. 09-00138 in the 294 Judicial
District Court of Van Zandt County, Texas. Judgment in favor of Plaintiff was entered by the Trial Court on
October 14, 2014. A Motion for New Trial was filed on November 6, 2014.
4. Notice of appeal was given on December 29, 2014. *2 The clerk's record was filed on February 24, 2015; the reporter's record
was filed on February 11, 2015. The Appellants’ brief is presently due on March 26, 2015.
7. Appellants request an extension of time of thirty (30) days from the
present date.
8. No extension to file the brief has been received in this cause.
9. Appellants rely on the following facts as good cause for the requested
extension:
Appellants’ attorney, Katherine A. Ferguson, has requested the record, but
Appellant’s attorney requests additional time to sufficiently analyze the material
contained in the lower court proceedings to effectively prepare a brief in this case.
Appellants’ attorney further shows that she was appointed to represent
Brandon Paul Couch in Cause No. 5,354 styled The State of Texas v. Brandon Paul
Couch in the 8 Judicial District Court of Rains County, Texas. The Defendant was
indicted for murder. Jury selection began on March 23, 2015 and the trial is
expected to last one week. Murder is a first degree felony charge and Appellants’
attorney had to spend the majority of time over the last month preparing for the jury
trial on Mr. Couch’s case.
WHEREFORE, PREMISES CONSIDERED , Appellant prays that this
Court grant this Motion to Extend Time to File Appellant's Brief, and for such other
and further relief as the Court may deem appropriate.
Respectfully submitted, RENSHAW, DAVIS & FERGUSON, LLP By: /s/ Katherine A. Ferguson Katherine A. Ferguson (SBN 06918050) 2900 Lee Street, Suite 102 P.O. Box 21
Greenville, Texas 75403-0021 Tel: (903) 454-6050 Fax: (903) 454-4898 Email: rdflawoffice@yahoo.com Lead Counsel for Appellants CERTIFICATE OF SERVICE This is to certify that on March 23, 2014, a true and correct copy of the above
and foregoing document was served on the following by facsimile:
Larry M. Lesh, Esq.
1 Forest Park Drive
Richardson, Texas 75080
FAX: (972) 699-1456
R. Paul Elliot, Esq.
301 S. Main St.
Canton, Texas 75103
FAX: (903) 567-6228
/s/ Katherine A. Ferguson Katherine A. Ferguson