Case Information

*0 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 7/8/2015 10:59:19 AM CATHY S. LUSK Clerk *1 ACCEPTED 12-15-00029-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 7/8/2015 10:59:19 AM CATHY LUSK CLERK

NO 12-15-00029-CV

TONYA ALLEN DDS, P.A., § IN THE TWELFTH

§

Appellant, §

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V. § COURT OF APPEALS

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SMITH COUNTY APPRAISAL §

DISTRICT, §

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Appellee § TYLER, TEXAS

APPELLANT'S MOTION FOR LEAVE TO FILE BRIEF

Appellant asks the Court for leave to file its brief.

A. Introduction

1. Appellant is Tonya Allen DDS, P.A.; Appellee is Smith County Appraisal

District.

2. No rule provides a deadline to file this motion for leave to file, although the

brief has already been supplied to the Court. See Tex. R. App. P. 38.6(d).

3. Appellee opposes the motion.

B. Argument & Authorities

4. The Court has the authority under Texas Rule of Appellate Procedure 38.6(d) to

extend the time to file the brief.

5. Appellant's brief was due on June 29, 2015.

6. Appellant’s brief was delivered to the Court on July 2, 2015, and Appellant

requests leave to file its brief, extending the time until July 13, 2015, in order to confirm

the filing.

7. No extensions have been granted to extend the time to file Appellant's brief.

8. Appellant needs additional time to file its brief because logistical issues

regarding other prior client matters have resulted in the inability to complete the brief in a

timely manner. Finally, counsel for Appellant has had a family emergency which has

precluded prior completion of the brief.

C. Conclusion

9. Appellant, both due to accident or mischance, as well as due to circumstances

beyond its control, was been unable to meet the deadline for filing its brief, but delivered

the brief to the Court three (3) days late, and is filing this motion in response.

D. Prayer

10. For these reasons, Appellant asks the Court to grant leave to file its brief until

July 13, 2015 previously submitted to the Court.

Respectfully submitted,

THE EATON LAW FIRM, PLLC

By:_______________________ Michael W. Eaton

SBN 06383800

1701 W. Northwest Highway

Suite 100

Grapevine, Texas 76051

Telephone: (817) 431-1111

Telecopier: (817) 431-1180

ATTORNEYS FOR DEFENDANT

TONYA ALLEN DDS, P.A.

CERTIFICATE OF CONFERENCE

I certify that this office has conferred with Sandra Griffin by electronic communication,

and she opposes this Motion for Leave to File Brief.

______________________ Michael W. Eaton

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Appellant’s Motion for

Leave to File Brief was served on counsel for Defendant/Appellee by fax transmission

and by overnight delivery with delivery confirmation on July 8, 2015.

_______________________ Michael W. Eaton