Case Information
*0 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 12/31/2015 4:40:46 PM DEBBIE AUTREY Clerk *1 ACCEPTED 06-15-00059-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS 12/31/2015 4:40:46 PM DEBBIE AUTREY CLERK Cause No. 06-15-00059-CV
IN THE COURT OF APPEALS FOR THE
SIXTH DISTRICT OF TEXAS
TEXARKANA, TEXAS Frankie Marie Miller, individually and as Personal
Representative of the Estate of T.J. Miller,
Appellant,
v.
Janie Mullen, as Personal Representative of the
Estate of John B. Mullen, M.D.,
Appellee.
Appealed from the 76 th Judicial District Court of Titus County, Texas
MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF
Appellee, Janie Mullen, as Personal Representative of the Estate of John B.
Mullen, M.D. asks this Court to extend the time to file Appellee’s Brief.
A. INTRODUCTION
Appellee respectfully moves this Court, pursuant to Rule 38.6(d) of the
Texas Rules of Appellate Procedure, to extend the deadline for Appellee to file her
Brief for thirty (30) days, based on the good cause provided below. In support of
this Motion, Appellee respectfully shows:
1. Appellant filed her Brief on December 2, 2015. The deadline for Appellee to file her Brief is January 4, 2016.
3. Appellee respectfully requests a thirty (30) day extension of time to
file her Brief until February 3, 2016.
4. This is Appellee’s first request for an extension of time to file her
Brief.
5. Throughout the month of December, counsel for Appellee has been
preparing for an upcoming trial and traveling extensively taking and
defending depositions in other matters. Counsel has also faced
numerous unavoidable scheduling conflicts due to the holiday season. Counsel for Appellee attempted to confer with counsel for Appellant
regarding the merits of this Motion, but was unable to reach counsel
for Appellants due to the holidays. Therefore, it is unknown whether
Appellant opposes the requested extension of thirty (30) days.
7. Appellee respectfully asserts that her request for an extension of time
is reasonable under the circumstances detailed above and will not
cause unreasonable delay. Appellee requests this extension in the
interests of justice and judicial economy, not for purposes of delay or
because of any intentional or deliberate failure by Appellee or their
counsel to comply with the appellate rules.
C. PRAYER For these reasons, Appellee respectfully requests that this Court grant
an extension to file Appellee’s Brief until February 3, 2016.
Respectfully submitted, /s/ Jennifer G. Martin RUSSELL W. SCHELL State Bar No. 17736800 Email: rschell@schellcooley.com JENNIFER G. MARTIN State Bar No. 00794233 Email: jmartin@schellcooley.com STEPHANI R. JOHNSON State Bar No. 00794034 Email: sjohnson@schellcooley.com JENNIFER L. MURPHY State Bar No. 24027560 Email: jlmurphy@schellcooley.com SCHELL COOLEY LLP 15455 Dallas Parkway, Suite 550 Addison, Texas 75001 (214) 665-2000 (214) 754-0060 FAX ATTORNEYS FOR APPELLEE JANIE MULLEN, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JOHN B. MULLEN, M.D.
CERTIFICATE OF CONFERENCE
The undersigned certifies that she attempted to confer with Charles “Chad”
Baruch (“Mr. Baruch”), counsel for Appellants, but was unable to reach Mr.
Baruch due to the holidays. Therefore, it is unknown whether Mr. Baruch opposes
the relief sought by this motion.
/s/ Jennifer G. Martin
JENNIFER G. MARTIN
CERTIFICATE OF SERVICE
I hereby certify that the above and foregoing document was forwarded
electronically to all counsel of record in the manner set forth below on this 31 st day
of December, 2015.
/s/ Jennifer G. Martin
JENNIFER G. MARTIN