NO. 06-15-00013-CV

IN THE COURT OF APPEALS FOR THE

SIXTH DISTRICT OF TEXAS

AT TEXARKANA

CITY NATIONAL BANK OF SULPHUR SPRINGS. . . . . . . . . . . . APPELLANT

V.

JOHN ALEXANDER SMITH. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . APPELLEE

UNOPPOSED SECOND MOTION TO EXTEND TIME FOR FILING

BRIEF OF APPELLANT, CITY NATIONAL BANK OF SULPHUR SPRINGS 

TO THE HONORABLE COURT OF APPEALS:

Appellant, CITY NATIONAL BANK OF SULPHUR SPRINGS, files this

unopposed motion requesting an extension of time to file its Brief of Appellant, and

would show unto the Court the following:

I.

This is Appellant’s second request for an extension of time in which to file its

brief. Appellant’s brief is due to be filed on September 16, 2015.

II.

The brief for Appellant is substantially complete, however, due to other

commitments counsel has been unable to adequately review the record, complete

research, and finalize the brief in this case. Those commitments include:

ACCEPTED

06-15-00013-CV

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS

9/15/2015 2:26:37 PM

DEBBIE AUTREY

CLERK

 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 9/15/2015 2:26:37 PM DEBBIE AUTREY Clerk
1. Serving as mediator in Matthew Sankovich v. Grecian Hotels,

LLC, et al, No. 2011C-1405 in the 3

rd

Judicial District Court,

Henderson County, Texas;

2. Attendance at hearing in Brandi Williams v. Tillerd Ardean

Smith, et al, No. 12-0889 in the 71

st Judicial District Court,

Harrison County, Texas; 

3. Attendance at depositions in Cristina Jordan Vega v. Pedro

Cano d/b/a Cano’s Tax Service, Cause No. 33,435 in the 76

th

/

276th District Court of Titus County, Texas;

4. Serving as mediator in Earline Lahman and Randy Lahman v.

Cape Fox Corporation and Nationwide Provider Solutions, LLC,

Cause No. 84414 in the 62nd District Court of Lamar County,

Texas;

5. Assist in preparation of Respondents’ Brief on the Merits in

Petrohawk Properties, L.P. and P-H Energy, L.L.C. v. Noel Diane

Jones, et al, No. 15-0200 in the Supreme Court of Texas.

III.

Therefore, Appellant would request an extension of fourteen (14) daysin which

to file its brief. The requested extension should not in the ordinary course of

procedure in this court delay oral argument and submission and is not requested for

delay but that justice be served.

WHEREFORE, PREMISES CONSIDERED, Appellant , CITY NATIONAL

BANK OF SULPHUR SPRINGS, prays that the time for filing its appellate brief be

extended fourteen (14) days until September 30, 2015.

Unopposed Second Motion to Extend Time for Filing Brief of Appellant, 

City National Bank of Sulphur Springs – Page 2
Respectfully submitted,

 /s/ John R. Mercy 

John R. Mercy

 State Bar No. 13947200

MERCY p CARTER p TIDWELL, L.L.P.

1724 Galleria Oaks Drive

Texarkana, TX 75503

Telephone: (903) 794-9419

Facsimile: (903) 794-1268

E-mail: jmercy@texarkanalawyers.com

Coy Johnson

 State Bar No. 10698000

 Email: coy@clayjohnsonlaw.com

Clay Johnson

 State Bar No. 24007450

 Email: clay@clayjohnsonlaw.com

JOHNSON LAW FIRM, P.C.

609 Gilmer Street

Sulphur Springs, TX 75482-4121

Telephone: (903) 885-8866

Facsimile: (903) 584-1313

ATTORNEYS FOR APPELLANT, CITY

NATIONAL BANK OF SULPHUR SPRINGS

Unopposed Second Motion to Extend Time for Filing Brief of Appellant, 

City National Bank of Sulphur Springs – Page 3
CERTIFICATE OF CONFERENCE

I have contacted J. Mark Sudderth, Attorney for Appellee, regarding the

relief sought by this motion and he does not oppose the motion.

 /s/ John R. Mercy 

John R. Mercy

CERTIFICATE OF SERVICE

I hereby certify that the foregoing Unopposed Second Motion to Extend Time

for Filing Briefs of Appellant, City National Bank of Sulphur Springs, has been

served via e-service on:

Mr. J. Mark Sudderth

NOTEBOOM LAW FIRM

669 Airport Freeway, Suite 100

Hurst, TX 76053-3698

Email: sudderth@noteboom.com

Coy Johnson

 Email: coy@clayjohnsonlaw.com

Clay Johnson

 Email: clay@clayjohnsonlaw.com

JOHNSON LAW FIRM, P.C.

609 Gilmer Street

Sulphur Springs, TX 75482-4121

this the 15

th

 day September, 2015.

 /s/ John R. Mercy 

John R. Mercy

Unopposed Second Motion to Extend Time for Filing Brief of Appellant, 

City National Bank of Sulphur Springs – Page 4