NO. 12-14-00323-CV

IN THE

TWELFTH COURT OF APPEALS

TYLER, TEXAS

________________________________________________________________________

DAVID TUBB, ET AL. APPELLANTS

V.

ASPECT INTERNATIONAL, INC., ET AL. APPELLEES

_________________________________________________________________________

UNOPPOSED THIRD MOTION FOR EXTENSION OF TIME TO 

FILE BRIEF OF APPELLEES

Appellees, Aspect International, Inc. and James Michael Sterling, request a thirty (30)

day extension of the deadline for filing their brief, pursuant to Tex. R. App. P. 10.

1. September 8, 2015, is the current deadline for filing Appellees’ brief.

2. A thirty (30) day extension is requested.

3. The following facts are relied on to reasonably explain the need for an

extension. Keith Dollahite (the “attorney”) has not had adequate time to review the record,

research the law, and prepare a brief. 

July 31 The attorney received notice that Appellees’ brief was due on

September 8, 2015

August 1 - 9 The attorney was on a pre-planned, out-of-state family vacation.

August 10 The attorney returned to the office, reviewed incoming correspondence

and pleadings and returned telephone calls from the previous two

weeks; participated in a scheduling conference call in Cotten v. City of

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ACCEPTED

12-14-00323-CV

TWELFTH COURT OF APPEALS

TYLER, TEXAS

9/8/2015 10:33:25 AM

Pam Estes

CLERK

 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 9/8/2015 10:33:25 AM PAM ESTES Clerk
Tyler, et al., No. 2:15-CV-00520, in the United States District Court for

the Eastern District of Texas, Marshall Division.

August 11 The attorney prepared for an arbitration in Pioneer Royalty, Inc., et al.

v. Gaither Petroleum Corp., et al., Cause No. 2012-255, in the 402

nd

Judicial District, Wood County, Texas, and prepared closing documents

for a complex probate estate and related lawsuits.

August 12 The attorney prepared closing documents for a complex probate estate

and related lawsuits; prepared discovery responses, pleadings, and joint

pretrial order in order in Lisa Cowley v. CR Capital Group, LLC, et al.,

No. 62,728-A, in the County Court at Law No. 2, Smith County, Texas;

and participate in a conference call with his client and a vendor to

discuss a contract dispute.

August 13 The attorney prepared the arbitration statement in order to comply with

deadlines in Pioneer Royalty, Inc., et al. v. Gaither Petroleum Corp.,

et al., Cause No. 2012-255, in the 402 Judicial District, Wood County,

nd

Texas, and prepared closing documents for a complex probate estate

and related lawsuits.

August 14 The attorney attended a scheduling conference in Marshall in Cotten v.

City of Tyler, et al., No. 2:15-CV-00520, in the United States District

Court for the Eastern District of Texas, Marshall Division; and

prepared the arbitration statement in order to comply with deadlines in

Pioneer Royalty, Inc., et al. v. Gaither Petroleum Corp., et al., Cause

No. 2012-255, in the 402 Judicial District, Wood County, Texas.

nd

August 15 Saturday.

August 16 Sunday.

August 17 The attorney prepared the arbitration statement in order to comply with

deadlines in Pioneer Royalty, Inc., et al. v. Gaither Petroleum Corp.,

et al., Cause No. 2012-255, in the 402 Judicial District, Wood County,

nd

Texas, and prepared closing documents for a complex probate estate

and related lawsuits.

2
August 18 The attorney prepared for and attended a hearing in Lisa Cowley v. CR

Capital Group, LLC, et al., No. 62,728-A, in the County Court at Law

No. 2, Smith County, Texas; prepared closing documents for the sale

of corporate stock; and finalized and submitted the arbitration statement

in order to comply with deadlines in Pioneer Royalty, Inc., et al. v.

Gaither Petroleum Corp., et al., Cause No. 2012-255, in the 402

nd

Judicial District, Wood County, Texas.

August 19 The attorney prepared for mediation scheduled for the following day in

Lisa Cowley v. CR Capital Group, LLC, et al., No. 62,728-A, in the

County Court at Law No. 2, Smith County, Texas; prepared closing

documents for the sale of corporate stock; prepared a settlement

agreement and dismissal documents in Diane Quilimaco v. CHRISTUS

Spohn Health System Corp., Cause No. 2015CCV-61343-2, pending in

the County Court at Law No. 2, Nueces County, Texas; and prepared

closing documents for a complex probate estate and related lawsuits.

August 20 The attorney attended mediation in Lisa Cowley v. CR Capital Group,

LLC, et al., No. 62,728-A, in the County Court at Law No. 2, Smith

County, Texas.

August 21 The attorney prepared closing documents for the sale of corporate

stock; reviewed documents for two potential claims and provided

opinion letters to his client; prepared closing documents for a complex

probate estate and related lawsuits; and prepared for arbitration in

Pioneer Royalty, Inc., et al. v. Gaither Petroleum Corp., et al., Cause

No. 2012-255, in the 402 Judicial District, Wood County, Texas.

nd

August 22 Saturday.

August 23 Sunday. The attorney prepared for arbitration and traveled to Houston

in Pioneer Royalty, Inc., et al. v. Gaither Petroleum Corp., et al., Cause

No. 2012-255, in the 402 Judicial District, Wood County, Texas.

nd

August 24 The attorney participated in an arbitration/mediation in Houston in

Pioneer Royalty, Inc., et al. v. Gaither Petroleum Corp., et al., Cause

No. 2012-255, in the 402 Judicial District, Wood County, Texas.

nd

3
August 25 The attorney participated in an arbitration/mediation in Houston in

Pioneer Royalty, Inc., et al. v. Gaither Petroleum Corp., et al., Cause

No. 2012-255, in the 402 Judicial District, Wood County, Texas.

nd

August 26 The attorney participated in an arbitration/mediation and returned home

from Houston in Pioneer Royalty, Inc., et al. v. Gaither Petroleum

Corp., et al., Cause No. 2012-255, in the 402 Judicial District, Wood

nd

County, Texas.

August 27 The attorney prepared the settlement agreement and dismissal

documents Fuentes, et al. v. Riggle, No. 6:14-CV-00179, in the United

States District Court for the Eastern District of Texas, Tyler Division;

prepared closing documents for the sale of corporate stock; participated

in settlement negotiations in Lisa Cowley v. CR Capital Group, LLC,

et al., No. 62,728-A, in the County Court at Law No. 2, Smith County,

Texas; and reviewed incoming correspondence and pleadings from the

prior few days spent in arbitration.

August 28 The attorney prepared the settlement agreement and dismissal

documents Fuentes, et al. v. Riggle, No. 6:14-CV-00179, in the United

States District Court for the Eastern District of Texas, Tyler Division;

attended meeting with co-counsel to review closing documents for a

complex probate estate and related lawsuits; and prepared pleadings in

order to comply with deadlines in David Ford v. Larry Smith, et al., No.

6:14CV880-KNM, in the United States District Court for the Eastern

District of Texas, Tyler Division.

August 29 Saturday.

August 30 Sunday.

August 31 The attorney prepared closing documents for a complex probate estate

and related lawsuits; prepared a lease agreement, assignment, and bill

of sale for a client; and reviewed a franchise agreement and provided

an opinion letter to a client.

September 1 The attorney finalized the closing documents for the sale of corporate

stock; prepared closing documents for a complex probate estate and

related lawsuits; and prepared a commercial lease agreement for a

client.

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September 2 The attorney reviewed the record and prepared the brief of Appellees

in this case.

September 3 The attorney reviewed the record and prepared the brief of Appellees

in this case.

September 4 The attorney reviewed the record and prepared the brief of Appellees

in this case.

4. The attorney plans to complete the Appellees’ brief within the thirty (30) days

of the current deadline, or October 8, 2015.

5. This is Appellees’ third request for an extension of this deadline.

WHEREFORE, Appellees, Aspect International, Inc. and James Michael Sterling,

request the Court to grant this motion.

Respectfully submitted,

M. KEITH DOLLAHITE, P.C.

5457 Donnybrook Avenue

Tyler, Texas 75703

(903) 581-2110

(903) 581-2113 (Facsimile)

/s/ Keith Dollahite

By:______________________________________

M. Keith Dollahite

State Bar No. 05958550

CERTIFICATE OF CONFERENCE

Before filing this motion, Greg Smith, the attorney for Appellants, was contacted

about this motion, and he indicated he does not oppose this motion.

/s/ Keith Dollahite

________________________________________

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