Case Information
*0 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 7/20/2015 12:30:20 PM CATHY S. LUSK Clerk *1 ACCEPTED 12-15-00148-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 7/20/2015 12:30:20 PM CATHY LUSK CLERK NO. 12-15-00148-CV *** IN THE COURT OF APPEALS FOR THE TWELFTH JUDICIAL DISTRICT TYLER, TEXAS *** Appellant V.
RACEFAB, INC., ET. AL. Appellees *** APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME TO FILE
MOTION FOR REHEARING *** TO THE HONORABLE JUSTICES OF THE COURT:
Appellant requests a forty-five (45) day extension to file his Motion for Rehearing, and for good cause, would show as follows:
1. The trial court’s judgment was signed on May 4, 2015, and Appellant timely filed
a notice of appeal. The clerk’s record was due on July 3, 2015.
2. On July 15, 2015, the Court dismissed Appellant’s appeal because, Appellant
failed, after notice, to pay or make arrangements to pay the trial court clerk’s fee for
preparing the clerk’s record. Appellant’s Motion for Rehearing is currently to be filed by
July 30, 2015.
3. On or about July 6, 2015, Appellant requested that the Cherokee County Clerk
issue a Writ of Execution to Racefab, Inc. It was Appellant’s intent to determine if a
judgment could be collected prior to wasting this Court’s time and incurring unnecessary
expense with and on an appeal. The Writ of Execution is returnable in ninety (90) days.
4. A forty-five (45) day extension on Appellant’s time to file a Motion for Rehearing
would allow the Cherokee County Sherriff time to return the writ and allow Appellant an
opportunity to determine whether an appeal in this matter makes sense for all involved.
5. Appellant fully expects and intends that Appellant’s Motion for Rehearing will
either: 1) consist, pursuant to T A PP P. 42.1, of a Notice of Dismissal; or 2)
indicate that the clerk and reporter have been paid in full for both the transcript and
record.
4. This is Appellant’s first motion for extension of time to file his Motion for
Rehearing.
5. Under Tex. R. App. P. 10.3, the undersigned does not know if Appellee is
represented by counsel on appeal and was unable to confer with Appellee regarding this
motion.
FOR THESE REASONS, Appellant prays that the Court grant his motion for extension of time and extend the deadline for filing their motion for rehearing to
September 13, 2015.
Respectfully Submitted, T HE M C C LEERY L AW F IRM //S//Stephen E. McCleery Stephen E. McCleery State Bar of Texas No. 00794258 Federal Id. No. 21007 5020 Montrose, Blvd., 6 th Floor Houston, Texas 77006 Telephone 713/622-3555 Facsimile 713/224-8555 E-Mail smccleery@mccleerylaw.com ATTORNEY FOR APPELLANT CERTIFICATE OF SERVICE The below signed certifies that on this the 20th day of July 2015, the above document was served, pursuant to T C IV P. 21, on the last known attorney of record for all Appellees
via electronic service.
//S//Stephen E. McCleery The McCleery Law Firm VIA ELECTRONIC SERVICE
Mr. R. Chris Day
Law Offices of Day & Wallace
517 East Commerce Street
Jacksonville, Texas 75766
ATTORNEYS FOR PLAINTIFF/COUNTER-DEFENDANT
RACEFAB, INC./THIRD-PARTY DEFENDANTS