# No. 12- 14

- 000 07- CV

**In the**  **Court of Appeals**

**for the**

**Twelfth District of Texas**

**Tyler, Texas**

REX SMITH

Appellant

v.



### KELLY DAVIS AND AMBER DAVIS

Appellee s

Appealed from the 294 th Judicial District Court

Van Zandt County, Texas



### A PPELLANT 

### ’ S 

### M OTION TO 

### E XTEND 

### R EHEARING



### R ESPONSE 

### D EADLINE

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

R

AMEY & F LOCK

, P.C.

100 E. Ferguson, Suite 500

Tyler, T exas 75702

Telephone: 903

- 597

- 3301

Facsimile: 903

- 597

- 2413

A

TTORNEYS FOR A PPELL ANT ACCEPTED

12-14-00007-CV

TWELFTH COURT OF APPEALS

TYLER, TEXAS

3/10/2015 10:55:48 AM

CATHY LUSK

CLERKTO THE HONORABLE COURT OF APPEALS:

Appellant

, Rex Smith , ask s the Court to extend the rehearing response deadline by 14

days to and including March 3 0 , 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 M o n day, 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 , d efending 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 su fficiently aids the Court’s

decisional process.

14.

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 3 0 , 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

G reg 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

C OUNSEL FOR A PPELL ANT

, R EX S MITH

2Certificate 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 1 0 t h day of March , 201 5 , on the following:

Via email

S. Gary Werley, Attorney

1840 Acton Highway

Granbury, Texas 76049

sgwerley@werleylaw.com

/s/ Greg Smith

Greg Smith

3