APPELLANTS’ MOTION FOR LEAVE PAGE - 1

 

IN THE 

COURT OF APPEALS 

THIRD DISTRICT OF TEXAS AT AUSTIN 

ANTIOCH ST. JOHNS CEMETERY § 

COMPANY d/b/a AMERICAN § 

MEMORIAL PARK, GRAND PRAIRIE, § CAUSE NO. 03-15-00341-CV

TEXAS, GERALD WEATHERALL and § 

BEVERLY RANDALL-WEATHERALL § 

 Plaintiffs/Petitioners § ON APPEAL FROM THE

 § 261st JUDICIAL DISTRICT

v. § TARRANT COUNTY 

 § COURTS 

 § (No. D-1-GN-14-000367) 

THE TEXAS DEPARTMENT OF § 

BANKING COMMISSIONER § 

Defendant/Respondent § 

APPELLANTS’ MOTION FOR LEAVE TO FILE LATE BRIEFING

TO THE HONORABLE COURT: 

 Pursuant to Tex. R. App. P. 38.6(a), briefing on the Appeal submitted by 

Antioch St. Johns Cemetery Company d/b/a American Memorial Park, Grand 

Prairie, Texas, Gerald Weatherall, and Beverly Randall-Weatherall (the 

“Appellants”), was due on September 14, 2015. 

 Appellants submit this Motion to file their briefing this day, October 1, 2015, 

as the late filing was not due to conscience indifference, neglect or disregard for the 

rules of procedure. Rather, Appellants’ counsel was expecting a notice from the 

ACCEPTED

03-15-00341-CV

7253639

THIRD COURT OF APPEALS

AUSTIN, TEXAS

10/6/2015 3:01:01 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 10/6/2015 3:01:01 PM JEFFREY D. KYLE Clerk
APPELLANTS’ MOTION FOR LEAVE PAGE - 2

 

Appellant Court that briefing would be due on certain date and did not realize that 

such notice would not be stemming from the Court until receiving the notice of late 

filing on September 21, 2015. 

Apparently, and according to the appeals court clerk, notice of the clerk’s 

filing of the record from the trial court filed on August 15, 2015, had been delivered 

via email to the Appellants’ counsel. However, Appellants’ counsel either 

inadvertently deleted the email notice or same did not come through the email 

address. For these reasons, Appellants’ seek leave of this Court to file the briefing 

contemporaneously with this Motion. Appellants would further submit that the 

Appellee has not been prejudiced by the filing since the issues in this matter are 

simplified with a limited amount of facts to review on the record. Finally, pursuant 

to the certificate of conference herein, leave should be granted as Appellees have no 

objection to the request for extension to file Appellants briefing.

WHEREFORE, PREMISES CONSIDERED, Appellants pray that the Court 

grant leave to for Appellants to file late briefing, and for all other and further relief 

to which Appellants may be entitled.
APPELLANTS’ MOTION FOR LEAVE PAGE - 3

 

Respectfully Submitted by:

THE LAW OFFICES OF KEVIN S. WILEY, JR.

/s/ Kevin S. Wiley, Jr._____________

Kevin S. Wiley, Jr.

Texas State Bar No. 24029902

325 N. St. Paul Street, Suite 4400

Dallas, Texas 75201

Tel.: 469-619-5721

Fax.: 469-619-5725

kevinwiley@lkswjr.com

ATTORNEY FOR APPELLANTS

CERTIFICATE OF CONFERENCE

I hereby certify that on September 29, 2015, I conferred with Appellee’s 

counsel of record, Ann Hartley, regarding the relief requested in this Motion, and 

Ms. Hartley indicated that she has no objection to same.

/s/ Kevin S. Wiley, Jr._____

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Motion for Leave has been served 

on the Banking Commission by and through their counsel of record below on this 

6th day of October, 2015 via electronic mail to the parties listed below.

Ann Hartley

Assistant General Counsel

Texas Department of Banking

Ann.hartley@texasattorneygeneral.com

2601 N. Lamar Blvd.

Austin, Texas 78705

/s/ Kevin S. Wiley, Jr.