Case Information

*0 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 4/8/2015 2:27:06 PM CATHY S. LUSK Clerk *1 ACCEPTED 12-14-00288-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 4/8/2015 2:27:06 PM CATHY LUSK CLERK No. 12-14-00288-CV In the Twelfth Court of Appeals Tyler, Texas J. MARK SWINNEA Appellant v.

ERI CONSULTING ENGINEERS, INC. AND LARRY SNODGRASS Appellees Appealed from the 114 th Judicial District Court Smith County, Texas UNOPPOSED THIRD MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF Greg Smith Texas Bar No. 18600600 R AMEY & F LOCK , P.C. 100 E. Ferguson, Suite 500 Tyler, Texas 75702 Telephone: 903-597-3301 Facsimile: 903-597-2413 gsmith@rameyflock.com A TTORNEY FOR A PPELLANT *2

TO THE HONORABLE COURT OF APPEALS:

Appellant, J. Mark Swinnea, asks the Court to extend the time for filing his

appellant’s brief by 32 days to and including Monday, May 11, 2015.

1. Information Required by Rule 10.5, Tex. R. App. P.

The following information supports this request.

(i) Appellant’s brief is currently due to be filed April 9, 2015.

(ii) Appellant requests that the deadline for filing his brief be extended by 32

days to and including Monday, May 11, 2015.

(iii) This is Appellant’s third request to extend the briefing deadline.

2. Facts Explaining the Need to Extend the Briefing Deadline Counsel is unable to complete the appellant’s brief and secure the necessary

client review and approval by the current deadline. Besides work on this brief,

Greg Smith, lead counsel on appeal, has been and will be required to divide his

available briefing time among the following matters:

(i) No. 13-0986, Southwestern Energy Production Company vs. Toby Berry-Helfand and

Gery Muncey , In the Supreme Court of Texas ( reply brief on merits ); and

(ii) No. 12-14-00323-CV, David Tubb and Superior Shooting System, Inc. v. Aspect

International, Inc. and James Sterling , In the Twelfth Court of Appeals, Tyler,

Texas (appellant’s brief ).

3.

This motion is not sought solely for delay, but in the interest of justice and

to ensure that Appellant’s brief sufficiently aids the Court’s decisional process.

4. Conference with Opposing Counsel Deborah Race, appellate counsel for Appellees, states that the relief

requested in this motion is unopposed.

5. Conclusion and Prayer Appellant, J. Mark Swinnea, prays that the Court would extend the time for

filing his appellant’s brief by 32 days to and including Monday, May 11, 2015.

Respectfully submitted, /s/ Greg Smith Greg Smith State Bar No. 18600600 RAMEY & FLOCK, P.C. 100 East Ferguson, Suite 500 Tyler, TX 75702 Telephone: (903) 597-3301 Facsimile: (903) 597-2413 gsmith@rameyflock.com C OUNSEL FOR A PPELLANT , J. M ARK S WINNEA

Certificate of Service The undersigned certifies that a copy of the above and foregoing document

was served upon counsel for Appellees in accordance with the applicable Texas

Rules of Civil Procedure on this the 8 th day of April, 2015, on the following:

Via email drace@icklaw.com

Deborah Race

Ireland, Carroll & Kelley, P.C.

6101 S. Broadway, Suite 500

Tyler, TX 75703

Via email mahatchell@lockelord.com

Mike A. Hatchell

Locke Lord, LLP

100 Congress Avenue, Suite 300

Austin, TX 78701

Via email randerson@gillenanderson.com Roger W. Anderson

Gillen & Anderson

613 Shelley Park Plaza

Tyler, TX 75701

/s/ Greg Smith Greg Smith