1 Case No. 12

- 15 -00004- CV

IN THE

TWELF TH COURT OF APPEALS

TYLER , TEXAS

__________________________________________________________________

RON SEALE, INDIVIDUALLY AND AS THE REPRESENTATIVE OF THE

ESTATE OF CLARA LAVINIA SEALE, Appellant

,

v.

HORACE TRUETT SEALE AND WIFE, NAN SEALE,

Appellees.

__________________________________________________________________

APPELLANT’S MOTION FOR EXTENSION OF TIME TO FILE

APPELLATE BRIEF (RULE 38.6(d))

__________________________________________________________________

TO THE HONORABLE COURT OF APPEALS:

Comes now Appellant, Ron Seale, Individually and as the Representative of

the Estate of Clara Lavinia Seale, Deceased, and presents this his motion for

extension of time to file appellant ’s brief and in support thereof would respectfully

show unto the Court as follows:

I.

That counsel for the Appellant is scheduled for an annual vacation from

March 19, 2015 to March 27, 2015, outside the state. ACCEPTED

12-15-00004-CV

TWELFTH COURT OF APPEALS

TYLER, TEXAS

3/20/2015 12:42:54 PM

CATHY LUSK

CLERK2 II.

That Appellant’s counsel is set for jury trial from March 31, 2015 to April 3,

2015.

III.

That during the past thirty (30) days, counsel for the Appellant has had the

following scheduled:

Federal Administrative Hearings

– 12

Depositions

- 6

Mediations

- 1

Court Settings

- 9

As a result, counsel for the Appellant has been unable to prepare the

Appellant’s brief.

IV.

No previous extensions have been granted by the Court and none have been

reque sted.

V.

The extension of ti me requested will not prejudice or inconvenience

Appell ees in any manner, nor will the time for submission of this case be extended

by granting an extension of time in which to file Appellant ’ s brief.3 VI.

Richard L. Ray, counsel for Appellant has attempted to conference with

John F. (Jack) Walker, III, Martin Walker, P.C., counsel for Appellees

, on March

20 , 2015, concerning the requested extension and was told by Mr. Walker’s staff

that he informed by email that he does not oppose s this motion

.

PRAYER FOR RELIEF

Therefore, Appellant respectfully request s that the Court issue an order

extending the time for filing the Appellant ’ s brief in the above case to May 1,

2015.

Respectfully submitted,

RAY & THATCHER, ATTORNEYS AT LAW, PC

/s/ Richard L. Ray

RICHARD L. RAY

State Bar No. 16606300

VICTORIA RAY THATCHER

State Bar No. 24054462 300 South Trade Days Blvd. Canton, Texas 75103

903

- 567

- 2051

903

- 567

- 6998 (fax) rlray@rayandthatcher.com

ATTORN EYS FOR APPELLANT4 CERTIFICATE OF CONFERENCE

I, Richard L. Ray, do hereby certify that I attempted to conf erence with John

F. (Jack) Walker, III on March 20 , 2015 , for purposes of this Certificate of

Conference

, and was told by Mr. Walker’s staff that he informed by email he is not

opposed to Appellant’s Motion for Extension of Time to File Brief (Rule 38.6(d))

.

/s/ Richard L. Ray

RICHARD L. RAY5 CERTIFICATION

I certify that a copy of this motion has been provided to all the following

counsel of record this the 20 th day of March, 2015 :

John F. (Jack) Walker, III Martin Walker, P.C.

The Arcadia Theater 121 N. Spring Avenue Tyler, Texas 75702 (903) 595

- 0796

– fax.

/s/ Richard L. Ray

RICHARD L. RAY