CAUSE NO. 06-15-00014-CV

________________________ ______________________ ____________________ IN THE COURT OF APPEALS FOR THE SIXTH DISTRICT OF TEXAS, TEXARKANA DIVISION

________________________ ______________________ ____________________ WILLIAM H. SCURLOCK § § v. § § JOHN M. HUBBARD §

________________________ ______________________ ____________________ APPELLANT’S RESPON SE TO APPELLEE’S MOTION TO EXTEND TIME TO FILE REPLY BRIEF, OR ALTERNATIVELY, MOTION TO ABATE, AND APPELLANT’S MOTION TO GI VE APPEAL PRECEDENCE

________________________ ______________________ ____________________ Cory J. Floyd Texas Bar No. 24049365 cory@nortonandwood.com Cammy R. Kennedy Texas Bar No. 24079245 cammy@nortonandwood.com

NORTON & WOOD, L.L.P. 315 Main Street Texarkana, Texas 75501 Phone: (903) 823-1321 FAX: (903) 823-1325 ATTORNEYS FOR APPELLANT, WILLIAM H. SCURLOCK ACCEPTED 06-15-00014-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS 4/10/2015 6:39:52 PM DEBBIE AUTREY

CLERK1 A PPELLANT ’ S R ESPONSE T O A PPELLEE ’ S M OTION T O E XTEND T IME T O F ILE R EPLY B RIEF , O R A LTERNATIVELY , M OTION T O A BATE , A ND A PPELLANT ’ S M OTION T O G IVE A PPEAL P RECEDENCE TO THE HONORABLE CO URT OF APPEALS: COMES NOW, Appellant WILLI AM H. SCURLOCK, who files this Response to Appellee’s Motion to Extend Time to File Reply Brief, or Alternatively, Motion to Abate, and Appellant’s Motion to Give Appeal Precedence, and show s unto the Court as follows: Appellee’s Motion to Extend Time to File Brief Should Be Denied
1. Appellant asks this Court to deny Appellee’s Motion to Extend Time to File his brief, or in the alternative, limit any extension of time to seven (7) days. A se ven (7) day extension would extend Appellee’s deadline to file hi s brief until April 16, 2015.
2. The Court has the authority und er Texas Rules of Appellate Procedure 38.6(d) to extend the time for an appellee to file a brief; however, because this appeal concer ns a wrongful receivership over Appellant’s business, Pecan Point Br ewing Company, as long as the receivership remains in place, Appe llant suffers harm under the trial court’s order.2 3. Appellant filed his brief on March 19, 2015, and Appellee’s brief was due on or before April 9, 2015.
4. Appellee’s reasoning for seekin g this extension, “because Appellee Hubbard moved for dismissa l of Appellant’s interlocutory appeal for lack of jurisdiction of this Court...[and] that motion is pending with the Court,” presumes th at this Court requires additional time to hear Appellee’s prior motion when, to Appellant’s knowledge, no additional time has been requested. As such, Appellee’s reasoning is an insufficient explanation for the de lay in Appellee’s preparation and filing of his brief.
5. Texas courts have held that when a party presents an insufficient explanation for the need for additional time the party’s motion may be denied. See Hykonnen v. Baker Hu ghes Bus. Support Services , 93 S.W.3d 562, 564 (Tex. App. —Houston [14th Dist.] 2002, no pet.); Simon v. Dillard's, Inc. , 86 S.W.3d 798, 800 (Tex. App.—Houston [1st Dist.] 2002, no pet.); Chilkewitz v. Winter , 25 S.W.3d 382, 383 (Tex. App.—Fort Worth 2000, no pet.); Kidd v. Paxton , 1 S.W.3d 309, 311 (Tex. App.—Amarillo 1999, no pet.); Weik v. Second Baptist Church of Houston , 988 S.W.2d 437, 439 (Tex. App.—H ouston [1st Dist.] 1999, pet.3 denied); Velasquez v. Harrison , 934 S.W.2d 767, 770 (Tex. App.— Houston [1st Dist.] 1996, no writ); Furr v. Furr, 721 S.W.2d 565, 567 (Tex. App.—Amarillo 1986, no writ); and Dawson v. First Cont'l Real Estate Inv. Trust , 590 S.W.2d 560, 563 (Tex. Civ. App.—Houston [1st Dist.] 1979, no writ).
6. Accordingly, Appellant asks th is Court to deny Appellee’s request for an extension to file his br ief or, in the altern ative, grant only a seven (7) day extension, extending the deadline for Appellee’s brief to April 16, 2015. Appellee’s Motion to A bate Should Be Denied
7. Appellee requests that, in the alternative, this Court abate the appeal so that the trial cour t has an opportunity to consider Appellee’s motion to modify the judg ment previously filed in the trial court proceedings.
8. Not only would allowing an abatem ent of this case defeat the purpose of an accelerated appeal, bu t Appellee also fails to cite any grounds or authority which support his bid to abate this matter until the trial court is able to issue an order correcting any prior mistakes.4 9. Filing a postjudgment motion which seeks to reform or modify a judgment with the trial cour t does not extend the timetable for an accelerated appeal. See Tex. R. Civ. P. 329b(e), see Tex. R. App. P. 28.1(b).
10. Accordingly, Appellant asks th is Court to deny Appellee’s Motion to Abate. Appellant Moves to Give This Appeal Precedence
11. Appellant filed his Docketing Statement on February 23, 2015, reflecting that this is an acce lerated appeal in accordance with Texas Rule of Appellate Procedure 28. 1(a), and further stated that this appeal should receive preceden ce, preference, or priority.
12. Appellant asks this Court to gi ve precedence to this appeal because the interests of justice require it. See Tex. R. App. P. 40.1(c).
13. Since February 3, 2015, management of Pecan Point Brewing Co. has been displaced by a wrongful receivership and injunction. Brief of Appellant, William H. Scurlock v. John M. Hubbard , No. 14C-1653-102, appeal docketed , 06-15-00014-CV (March 19, 2015). Each day that this ma tter remains outstanding constitutes5 an additional infringement on Appella nt, William H. Scurlock’s, right to own, operate, and manage Pecan Point Brewing Co.
14. Accordingly, Appellant asks this Court to give precedence to this appeal and require Appellee to time ly file his brief in order to allow the Court to render an opinion and ju dgment at the earliest practicable time. PRAYER For reasons stated above, Appellant requests that this Court deny Appellee’s Motion to Extend Time to File Brief, or in the alternative, limit any extension granted to no more than seven (7) days, deny Appellee’s Motion to Abate, and gr ant Appellant’s Motion to Give Appeal Precedence.6 Respectfully submitted: /s/ Cammy Kennedy Texas Bar No. 24079245 cammy@nortonandwood.com Cory J. Floyd Texas Bar No. 24049365 cory@nortonandwood.com NORTON & WOOD, L.L.P. 315 Main Street Texarkana, Texas 75501 Phone: (903) 823-1321 FAX: (903) 823-1325 ATTORNEYS FOR APPELLANT, WILLIAM H. SCURLOCK7 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on Apri l 10, 2015, a true and correct copy of Appellant’s Response to A ppellee’s Motion to Extend Time to File Brief, or Alternatively, Motion to Abate, and Appellant’s Motion to Give Appeal Precedence was forwarded to the counsel below: Brent M. Langdon Kyle B. Davis LANGDON & DAVIS 625 Sam Houston Drive, Suite A New Boston, Texas 75570 Email: blangdon@ldatty.com Email: kdavis@ldatty.com /s/ Cammy Kennedy Cammy Kennedy