Case Information
*0 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 10/8/2015 3:17:36 PM DEBBIE AUTREY Clerk *1 ACCEPTED 06-15-00041-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS 10/8/2015 3:17:36 PM DEBBIE AUTREY CLERK CASE NO. 06-15-0041-CV
IN THE
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS GEARY H. LEE V. ELIZABETH DEANNE HOLOUBEK, f/k/a ELIZABETH
DEANNE LEE MOTION FOR EXTENSION OF TIME FOR FILING
BRIEF ON APPEAL
JOE SHUMATE
State Bar No. 18327500
107 North Main Street
P. O. Box 1915
Henderson, Texas 75653-1915
(903) 657-1416
(903) 655-8211
Attorney for Appellant, Geary H. Lee MOTION FOR EXTENSION OF TIME FOR FILING
BRIEF ON APPEAL
TO THE HONORABLE COURT:
COMES NOW Geary H. Lee, Appellant in the above-styled and numbered
cause, by and through his attorney of record, and pursuant to Rule 10.5(b)(3) of the
Texas Rules of Appellant Procedure, files this his Motion for Extension of Time for
Filing of a Brief on Appeal, and in support of same would respectfully show unto the
Court as follows:
1. The time for filing the Brief on Appeal in this case is the 16th day of
October, 2015. This extension, Appellant’s first motion to extend the time for filing
the Brief on Appeal with the Clerk of this Court, is filed not for delay, but so that
justice may be done.
2. Counsel for Appellant has been involved in numerous trials since the
notice of appeal filed herein, the parties attempted to settle the matter after the initial
filing of the appeal, and has had insufficient time and opportunity to prepare the
Appellate Brief herein and therefore would request the Court grant an extension of
the briefing deadline of forty-five (45) days.
3. The attached affidavit of Joe Shumate for Appellant herein, is offered in
support of this motion.
WHEREFORE, Appellants request that:
1. The Clerk of this Court give notice of this motion to Appellee, by and
through her attorney of record;
2. This Court grant Appellant’s motion;
3. This Court extend the time for filing said Brief on Appeal to the 15 th day
of November, 2015.
Respectfully submitted, LAW OFFICE OF JOE SHUMATE BY Joe Shumate
State Bar No. 18327500 107 North Main Street P. O. Box 1915 Henderson, Texas 75653-1915 (903) 657-1416 (903) 655-8211 Attorney for Appellant Certificate of Service
I certify that a true copy of the above was served on each attorney of record or
party in accordance with the Texas Rules of Civil Procedure on October 8, 2015.
Joe Shumate *4 AFFIDAVIT
STATE OF TEXAS §
§
COUNTY OF RUSK §
On this day personally appeared Joe Shumate, who after being by me first duly
sworn, did depose and state that the facts and allegations set out in the above and
foregoing Motion to Extend Time for Filing of Brief on Appeal are within his
personal knowledge and belief and are true and correct. Joe Shumate SUBSCRIBED AND SWORN TO BEFORE ME this the 8th day of October,
2015 by Joe Shumate, to certify which witness my hand and seal of office. Notary Public, State of Texas