CASE NO. 12-15-00227-CV 

IN THE 

TWELFTH COURT OF APPEALS 

TYLER, TEXAS 

C. AUBREY SMITH and JAMES D. VANDEVENTER APPELLANTS 

V. 

A.B.S .H., LLC APPELLEES 

UNOPPOSED MOTION OF APPELLANTS 

FOR EXTENSION OF TIME TO FILE BRIEF 

Appellants, C. AUBREY SMITH and JAMES D. VANDEVENTER, 

request a fourteen (14) day extension of the deadline for filing their brief, pursuant 

to Tex. R. App. P. 10. 

1. The Clerk's Record in this matter was filed on September 21, 2015. 

The Reporter's Record was filed on November 12, 2015. Accordingly, because 

this is an accelerated appeal, December 2, 2015, is the current deadline for 

Appellants to file their brief 

2. Appellants request a fourteen (14) day extension to file their brief 

3. Appellants have requested no previous extension of time in this 

appellate cause. 

ACCEPTED

12-15-00227-CV

TWELFTH COURT OF APPEALS

TYLER, TEXAS

12/1/2015 3:36:01 PM

Pam Estes

CLERK

 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 12/1/2015 3:36:01 PM PAM ESTES Clerk
4. Counsel for Appellants, Matthew T. Milam, requires additional time 

in which to file their brief Counsel is currently preparing for a jury trial scheduled 

for December 7, 2015, in Cause No. 62,604, Robert D. Eckeberger v. Lin T. Barker 

and E.P.B.B. Investment Holdings, L.P., in the County Court at Law for Smith 

County. The parties have estimated that the trial will last three days. Additionally, 

the parties to this appeal have scheduled mediation with Mike Patterson for 

Monday, December 14, 2015. An extension of time would allow the parties to this 

appeal to attempt to resolve this matter prior to submitting briefing. 

5. No party will be prejudiced by the extension requested herein. 

6. M.G. Wooton, on behalf of A.B.S.H., LLC, conferred with Matthew 

T. Milam, counsel for Appellants, on December 1, 2015, and indicated that 

A.B.S.H., LLC, is unopposed to the extension requested by Appellants herein. 

Such conference occurred in the presence of Vance Hendrix, counsel for A.B.S.H., 

LLC, in the underlying lawsuit. Mr. Hendrix has not made an appearance on 

behalf of A.B.S.H., LLC in this appeal. ABSH, LLC, has not yet retained 

separate appellate counsel. 

Prayer for Relief 

Therefore, Appellants respectfully request that this Court issue an Order 

granting the extension of time for the filing of the Appellants' brief in the above 

case to December 16, 2015. 

2 
Respectfully submitted this 1st day of December, 2015. 

WILSON, ROBERTSON & CORNELIUS, P.C. 

One American Center 

909 ESE Loop 323, Suite 400 [01] 

P.O. Box 7339 

Tyler, Texas 75711-7339 

Telephone: 903/509-5000 

Telecopier: 903/509-5091 

By: /s/Matthew T. Milam 

Matthew T. Milam 

State Bar No. 24065746 

mmilam@wilsonlawfirm.com 

Attorneys for Appellants C Aubrey Smith 

and James D. VanDeventer 

CERTIFICATE OF SERVICE 

I hereby certify that pursuant to Rule 9.5, Texas Rules of Appellate 

Procedure, that a true and correct copy of the foregoing pleading was served upon 

the following counsel electronically, through the electronic filing manager, on this 

the 1st day of December, 2015: 

Vance E. Hendrix, E-mail: vancehendrixpc@gmail.com 

Attorney at Law 

215 Winchester Drive, Suite 110 

Tyler, Texas 75701 

/s/ Matthew T. Milam 

MATTHEW T. MILAM 

3 
CERTIFICATE OF CONFERENCE 

Before filing this motion, Matthew T. Milam, the attorney for Appellants, 

conferred with Appellee as indicated in Paragraph 6 herein. A.B.S.H., LLC does 

not oppose this Motion. 

/s/ Matthew T. Milam 

MATTHEW T. MILAM 

VERIFICATION 

I swear or affirm that the facts stated herein are true and correct. 

MATTHEW T. MILAM 

STATE OF TEXAS 

COUNTY OF SMITH 

BEFORE ME, the undersigned official, on this day personally appeared 

Matthew T. Milam, known to me to be the person whose name is subscribed to the 

foregoing document, and being by me first duly sworn, declared that the statements 

therein contained are true and correct. 

SUBSCRIBED AND SWORN TO BEFORE ME this 1st day of December, 

2015. 

MARY M. SKEETERS 

Notary Public 

STATE OF TEXAS 

My Comm. Exp.02-27-2018 

Notary ubliclS to of exas 

4