Case Information
*0 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 4/8/2015 2:49:55 PM CATHY S. LUSK Clerk *1 ACCEPTED 12-14-00323-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 4/8/2015 2:49:55 PM CATHY LUSK CLERK No. 12-14-00323-CV In the Twelfth Court of Appeals
Tyler, Texas DAVID TUBB AND SUPERIOR SHOOTING
SYSTEM, INC.
Appellants v.
ASPECT INTERNATIONA, INC. AND
JAMES STERLING Appellees Appealed from the 7 th Judicial District Court
Smith County, Texas UNOPPOSED SECOND MOTION TO EXTEND
TIME TO FILE APPELLANTS’ BRIEF Wesley Hill Greg Smith
Texas Bar No. 24032294 Texas Bar No. 18600600
Ward & Smith Law Firm R AMEY & F LOCK , P.C.
P. O. Box 1231 100 E. Ferguson, Suite 500
Longview, Texas 75606 Tyler, Texas 75702
Telephone: 903-757-6400 Telephone: 903-597-3301
Facsimile: 903-757-2323 Facsimile: 903-597-2413
wh@wsfirm.com gsmith@rameyflock.com
A TTORNEYS FOR A PPELLANTS
TO THE HONORABLE COURT OF APPEALS:
Appellants, David Tubb and Superior Shooting System, Inc., ask the Court
to extend the time for filing their appellants’ brief by 30 days to and including
Friday, May 8, 2015.
1.
Information Required by Rule 10.5,
Tex. R. App. P.
The following information supports this request.
(i) Appellants’ brief is currently due to be filed April 8, 2015.
(ii) Appellants request that the deadline for filing their brief be extended by 30
days to and including Friday, May 8, 2015.
(iii) This is Appellants’ second request to extend the briefing deadline.
2.
Facts Explaining the Need to
Extend the Briefing Deadline
Counsel is unable to complete the appellants’ 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 );
(ii) No. 12-14-00288-CV, J. Mark Swinnea v. ERI Consulting Engineers, Inc. and
Larry Snodgrass , 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 Appellants’ brief sufficiently aids the Court’s decisional process.
4.
Conference with Opposing Counsel
Keith Dollahite, counsel for Appellees, states that the relief requested in this
motion is unopposed.
5. Conclusion and Prayer Appellants, David Tubb and Superior Shooting System, Inc., pray that the
Court would extend the time for filing their appellants’ brief by 30 days to and
including Friday, May 8, 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 *4 Wesley Hill State Bar No. 24032294 WARD & SMITH LAW FIRM P. O. Box 1231 Longview, TX 75606 Telephone: (903) 757-6400 Facsimile: (903) 757-2323 wh@wsfirm.com C OUNSEL FOR A PPELLANTS 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:
keith@mkdlaw.us
Keith Dollahite
M. Keith Dollahite, P.C.
5457 Donnybrook Ave.
Tyler, Texas 75703
trey@yw-lawfirm.com
Trey Yarbrough
Yarbrough Wilcox, PLLC
100 E. Ferguson, Suite 1015
Tyler, Texas 75702
/s/ Greg Smith Greg Smith