Case Information
*0 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 12/28/2015 9:05:20 AM DEBBIE AUTREY Clerk
*1 ACCEPTED 06-15-00037-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS 12/28/2015 9:05:20 AM
DEBBIE AUTREY CLERK NO. 06-15-00037-CV IN THE COURT OF APPEALS FOR THE SIXTH DISTRICT OF TEXAS AT TEXARKANA MICHAEL D. LEE ....................................... APPELLANT v. THE ROGERS AGENCY, C. MICHAEL ROGERS and NEW YORK LIFE INSURANCE COMPANY ............... APPELLEES
APPELLANT'S MOTION TO EXTEND TIME FOR FILING REPLY BRIEFS TO THE HONORABLE COURT OF APPEALS:
MICHAEL D. LEE, Appellant, files this motion requesting an extension of time to file his reply briefs to the brief of Appellees, The Rogers Agency and C. Michael Rogers, and to the brief of Appellee, New York Life Insurance Company, and would show unto the Court the following:
I. Appellant's reply to the brief of Appellees, The Rogers Agency and C. Michael Rogers, is due to be filed December 29, 2015. Appellant's reply to the brief of Appellee, New York Life Insurance Company, is due to be filed January 6, 2016.
II.
*2 Due to other commitments counsel will be unable to complete research and finalize the reply briefs in this case by the due date. Those commitments include: 1. Assisting in preparation of the Brief of Appellant in Burlington Resources Oil & Gas Company, LP v. Petromax Operating Company, Inc., Woodbine Acquisition, LLC n/k/a MD America Energy, LLC, Petrotexas, LLC, CH4 Energy II, LLC, and Texcal Energy South Texas, LP, No. 06-15-00044-CV in this Court;
2. Preparation of Plaintiffs Original Petition and Request for Temporary Restraining Order and Injunction in OLMM Properties, LLC d/b/a The Magnolia vs. Shannon West and The Retreat at Kenwood, Inc., Cause No. 15-Cl 716-CCL in the County Court at Law of Bowie County, Texas; and
3. The undersigned counsel plans to be out of town for the holidays from December 27, 2015 to January 2, 2016.
III.
Further, the Appellees' briefs were filed on different dates and Appellant could file one reply brief.
IV.
Therefore, Appellant would request an extension to January 15, 2016 in which to file his reply briefs. 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 briefbe extended to January 15, 2016. Appellant's Motion to Extend Time for Filing Reply Briefs -Page 2
*3 Respectfully submitted, /s/ Tofin 'R. Mercy John R. Mercy Texas State Bar No. 13947200
MERCY* CARTER* TIDWELL, L.L.P.
1 724 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 Andrew Jubinsky, Attorney for Appellee, New York Life Insurance Company, regarding the relief sought by this motion and he has no objection to the motion. I attempted to contact LaToyia Pierce, Attorney for Appellees, The Rogers Agency and C. Michael Rogers, but have been unable to reach her and, therefore, do not know her position.
CERTIFICATE OF SERVICE
*4 I hereby certify that the foregoing Appellant's Motion to Extend Time for Filing Reply Briefs has been served via e-service on: 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
this 28th day of December, 2015.