No. 12-14-00288-CV 

 

In the Twelfth Court of Appeals

Tyler, Texas

J. MARK SWINNEA

Appellant

v.

ERI CONSULTING ENGINEERS, INC.

AND LARRY SNODGRASS

Appellees

Appealed from the 114th Judicial District Court

Smith County, Texas 

UNOPPOSED MOTION TO EXTEND TIME

TO FILE APPELLANT’S BRIEF

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 

ATTORNEYS FOR APPELLANT

ACCEPTED

12-14-00288-CV

TWELFTH COURT OF APPEALS

TYLER, TEXAS

2/9/2015 2:17:53 PM

CATHY LUSK

CLERK

 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 2/9/2015 2:17:53 PM CATHY S. LUSK Clerk
TO THE HONORABLE COURT OF APPEALS:

Appellant, J. Mark Swinnea, asks the Court to extend the time for filing his 

appellant’s brief by 30 days to and including Wednesday, March 11, 2015.

1.

Information Required by Rule 10.5,

Tex. R. App. P.

The following information supports this request.

(i) Appellant’s brief is currently due to be filed February 9, 2015.

(ii) Appellant requests that the deadline for filing his brief be extended by 30 

days to and including Wednesday, March 11, 2015.

(iii) This is Appellant’s first request to extend the briefing deadline.

2.

Facts Explaining the Need to

Extend the Briefing Deadline

Counsel is unable to complete the appellant’s 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 (brief on merits);

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(ii) No. 12-0517, Harleton Oil & Gas, Inc. v. Frank M. Bufkin, III, et al., In the 71st

District Court of Harrison County, Texas (summary judgment filing);

(iii) No. 13-3138-A, Donald Lopez, et al. v. BMB Transportation, et al., In the 7th

District Court of Smith County, Texas (summary judgment and Daubert/Robinson 

filings); and

(iv) No. 5:14-cv-82-MHS, Margie Campbell v. Bienville Holdings, Ltd., d/b/a At 

Home Healthcare, et al., In the United States District Court for the Eastern

District of Texas, Texarkana Division (summary judgment filing).

3.

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

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

4.

Conference with Opposing Counsel

Deborah Race, appellate counsel for Appellees, states that the relief 

requested in this motion is unopposed.

5.

Conclusion and Prayer

Appellant, J. Mark Swinnea, prays that the Court would extend the time for 

filing his appellant’s brief by 30 days to and including Wednesday, March 11, 2015.

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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

COUNSEL FOR APPELLANT,

J. MARK SWINNEA

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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 9th day of February, 2015, on the following:

Via email drace@icklaw.com

Deborah Race

Ireland, Carroll & Kelley, P.C.

6101 S. Broadway, Suite 500

Tyler, TX 75703

Via email mahatchell@lockelord.com

Mike A. Hatchell

Locke Lord, LLP

100 Congress Avenue, Suite 300

Austin, TX 78701

Via email randerson@gillenanderson.com

Roger W. Anderson

Gillen & Anderson

613 Shelley Park Plaza

Tyler, TX 75701

 /s/ Greg Smith 

 Greg Smith

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