No. 12-14-00007-CV

 

In the Court of Appeals

for the 

Twelfth District of Texas

Tyler, Texas

REX SMITH

Appellant

v.

KELLY DAVIS AND AMBER DAVIS

Appellees

Appealed from the 294th Judicial District Court

Van Zandt County, Texas 

APPELLANT’S MOTION TO EXTEND REHEARING

RESPONSE DEADLINE

Jeffrey C. Irion

Texas Bar No. 10413500

240 S. Old Gun Barrel Lane

P. O. Box 5027

Gun Barrel City, Texas 75147

Telephone: 903-887-4050

Facsimile: 866-422-8403

jirionattorney@aol.com

Greg Smith

Texas Bar No. 18600600

RAMEY & FLOCK, P.C.

100 E. Ferguson, Suite 500

Tyler, Texas 75702

Telephone: 903-597-3301

Facsimile: 903-597-2413

 

ATTORNEYS FOR APPELLANT

ACCEPTED

12-14-00007-CV

TWELFTH COURT OF APPEALS

TYLER, TEXAS

3/10/2015 10:55:48 AM

CATHY LUSK

CLERK

 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 3/10/2015 10:55:48 AM CATHY S. LUSK Clerk
TO THE HONORABLE COURT OF APPEALS:

Appellant, Rex Smith, asks the Court to extend the rehearing response deadline by 14 

days to and including March 30, 2015.

1.

Information Required By Rule 10.5,

Tex. R. App. P.

The following information supports this request.

(i) Appellant’s rehearing response deadline is currently due to be filed on March 16, 

2015.

(ii) Appellant asks that the deadline for filing his rehearing response be extended by 

an additional 14 days to and including Monday, March 30, 2015.

2.

Facts Explaining the Need to Extend

Rehearing Response Deadline

Counsel is unable to prepare an adequate rehearing response and obtain the necessary 

client approval by the current due date, because of the following reasons: Greg Smith’s available 

time between now and March 23 is reserved for preparation and filing of the Respondents’ 

Merits Brief in the Texas Supreme Court, in No. 13-0986, Helfand v. Southwestern Energy Production 

Company, defending this Court’s decision. The March 23 deadline in the Helfand appeal is not 

extendable.

3.

This motion is not sought solely for delay, but in the interest of justice and to ensure that 

the Appellant’s response to Appellees’ Motion for Rehearing sufficiently aids the Court’s 

decisional process.

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4.

Appellees oppose this request.

Conclusion and Prayer

Appellant, Rex Smith, prays that the Court would extend the rehearing response deadline 

by 14 additional days, to and including March 30, 2015.

Respectfully submitted,

Jeffrey C. Irion

Texas Bar No. 10413500

240 S. Old Gun Barrel Lane

P. O. Box 5027

Gun Barrel City, Texas 75147

Telephone: 903-887-4050

Facsimile: 866-422-8403

jirionattorney@aol.com

 /s/ Greg Smith 

Greg Smith 

State Bar No. 18600600

RAMEY & FLOCK, P.C.

100 East Ferguson, Suite 500

Tyler, TX 75702

Telephone: (903) 597-3301

Facsimile: (903) 597-2413

gsmith@rameyflock.com

COUNSEL FOR APPELLANT,

REX SMITH

2
Certificate of Service

The undersigned certifies that a copy of the above and foregoing document was served 

upon counsel for Appellees in accordance with the applicable Texas Rules of Civil Procedure on 

this the 10th day of March, 2015, on the following:

Via email

S. Gary Werley, Attorney

1840 Acton Highway

Granbury, Texas 76049

sgwerley@werleylaw.com

 /s/ Greg Smith 

 Greg Smith

3