MICHAEL D. LEE, Appellant in the above styled and numbered cause, hereby moves the Court pursuant to Rule 38.6(d), Texas Rules of Appellate Procedure, for an extension of time to file his brief. As grounds for such extension the Appellant would show unto the Court the following: I.

This is Appellant's first request for an extension of time in which to file his brief. Appellant's brief is due to be filed on September 24, 2015 II.

Despite his best efforts to do so, the undersigned counsel for Appellant has been unable to adequately review the record and complete research necessary to

*2 finalize Appellant's brief in this case by the due date because of other previously scheduled matters. Those matters include:

1. Serving as mediator in Earline Lahman and Randy Lahman v. Cape Fox Corporation and Nationwide Provider Solutions, LLC. Cause No. 84414 in the ${62}^{\text{nd}}$ District Court of Lamar County, Texas;
2. Assisting in preparation of Respondents' Brief on the Merits in Petrohawk Properties, L.P. and P-H Energy, L.L.C. v. Noel Diane Jones, et al, No. 15-0200 in the Supreme Court of Texas;
3. Serving as court-ordered mediator in Lullia Jones v. DFO, LLC and ToWIN 6656, LLC d/b/a Denny's, Miller County Circuit Court No. 46CV-14-267-2; and
4. Preparation of the Brief of Appellant in City National Bank of Sulphur Springs v. John Alexander Smith, No. 06-15-00013-CV in this Court . III.

Therefore, Appellant would request an extension of thirty (30) days in which to file his brief. The requested extension should not in the ordinary course of procedure in this court delay oral argument and submission and is not requested for delay but that justice be served.

WHEREFORE, PREMISES CONSIDERED, Appellant, MICHAEL D. LEE, prays that the time for filing his appellate brief be extended thirty (30) days until October 24, 2015.

*3

Respectfully submitted, /s/ John R. Mercy John R. Mercy Texas State Bar No. 13947200 Mercy $\star$ Carter $\star$ Tidwell, L.L.P. 1724 Galleria Oaks Drive Texarkana, TX 75503 Telephone: (903) 794-9419 Facsimile: (903) 794-1268 E-mail: jmercy@texarkanalawyers.com

James A. Holmes Texas State Bar No. 00784290 The LaW Office of James Holmes, PC 212 South Marshall Henderson, TX 75654 Telephone: (903) 657-2800 Facsimile: (903) 657-2855 Email: jh@JamesHolmesLaw.com ATTORNEYS FOR APPELLANT

CERTIFICATE OF CONFERENCE

I have contacted, LaToyia Pierce, Attorney for Appellees, The Rogers Agency and C. Michael Rogers; and Andrew Jubinsky, Attorney for Appellee, New York Life Insurance Company, regarding the relief sought by this motion and each have no objection to the motion. /s/ John R. Mercy John R. Mercy

*4

CERTIFICATE OF SERVICE

I hereby certify that on September 24, 2015, a true and correct copy of the foregoing Motion to Extend Time for Filing Brief of Appellant was served on all counsel of record for Appellees by the Electronic Service Provider as follows:

Ms. LaToyia Pierce
WILSON, ELSER, MOSKOWITZ, EdLEMAN & DICKER LLP
4800 Bank of America Plaza
901 Main Street
Dallas, TX 75202
Email: latoyia.pierce@wilsonelser.com
Mr. Andrew Jubinsky
Figari & DAVENport, LlP
3400 Bank of America Plaza
901 Main Street
Dallas, TX 75202
Email: andy.jubinsky@figdav.com

J/s/ John R. Mercy John R. Mercy