No. 12-14-00323-CV 

 

In the Twelfth Court of Appeals

Tyler, Texas

DAVID TUBB AND SUPERIOR SHOOTING 

SYSTEM, INC.

Appellants

v.

ASPECT INTERNATIONA, INC. AND 

JAMES STERLING

Appellees

Appealed from the 7th Judicial District Court

Smith County, Texas 

UNOPPOSED SECOND MOTION TO EXTEND

TIME TO FILE APPELLANTS’ BRIEF

Wesley Hill

Texas Bar No. 24032294

Ward & Smith Law Firm

P. O. Box 1231

Longview, Texas 75606

Telephone: 903-757-6400

Facsimile: 903-757-2323

wh@wsfirm.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

gsmith@rameyflock.com

ATTORNEYS FOR APPELLANTS

ACCEPTED

12-14-00323-CV

TWELFTH COURT OF APPEALS

TYLER, TEXAS

4/8/2015 2:49:55 PM

CATHY LUSK

CLERK

 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 4/8/2015 2:49:55 PM CATHY S. LUSK Clerk
TO THE HONORABLE COURT OF APPEALS:

Appellants, David Tubb and Superior Shooting System, Inc., ask the Court 

to extend the time for filing their appellants’ brief by 30 days to and including 

Friday, May 8, 2015.

1.

Information Required by Rule 10.5,

Tex. R. App. P.

The following information supports this request.

(i) Appellants’ brief is currently due to be filed April 8, 2015.

(ii) Appellants request that the deadline for filing their brief be extended by 30 

days to and including Friday, May 8, 2015.

(iii) This is Appellants’ second request to extend the briefing deadline.

2.

Facts Explaining the Need to

Extend the Briefing Deadline

Counsel is unable to complete the appellants’ brief and secure the necessary 

client review and approval by the current deadline. Besides work on this brief, 

Greg Smith, lead counsel on appeal, has been and will be required to divide his 

available briefing time among the following matters:

(i) No. 13-0986, Southwestern Energy Production Company vs. Toby Berry-Helfand and 

Gery Muncey, In the Supreme Court of Texas (reply brief on merits);

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(ii) No. 12-14-00288-CV, J. Mark Swinnea v. ERI Consulting Engineers, Inc. and 

Larry Snodgrass, In the Twelfth Court of Appeals, Tyler, Texas (appellant’s 

brief).

3.

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

to ensure that Appellants’ brief sufficiently aids the Court’s decisional process.

4.

Conference with Opposing Counsel

Keith Dollahite, counsel for Appellees, states that the relief requested in this 

motion is unopposed.

5.

Conclusion and Prayer

Appellants, David Tubb and Superior Shooting System, Inc., pray that the 

Court would extend the time for filing their appellants’ brief by 30 days to and 

including Friday, May 8, 2015.

Respectfully submitted,

 /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

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Wesley Hill

State Bar No. 24032294

WARD & SMITH LAW FIRM

P. O. Box 1231

Longview, TX 75606

Telephone: (903) 757-6400

Facsimile: (903) 757-2323

wh@wsfirm.com

COUNSEL FOR APPELLANTS

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 8th day of April, 2015, on the following:

keith@mkdlaw.us

Keith Dollahite

M. Keith Dollahite, P.C.

5457 Donnybrook Ave.

Tyler, Texas 75703

trey@yw-lawfirm.com

Trey Yarbrough

Yarbrough Wilcox, PLLC

100 E. Ferguson, Suite 1015

Tyler, Texas 75702

 /s/ Greg Smith Greg Smith

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