NO. 06-15-00037-CV

IN THE COURT OF APPEALS FOR THE

SIXTH DISTRICT OF TEXAS

AT TEXARKANA

MICHAEL D. LEE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . APPELLANT

V.

THE ROGERS AGENCY, C. MICHAEL ROGERS 

& NEW YORK LIFE INS. CO.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . APPELLEES

SECOND MOTION TO EXTEND TIME

FOR FILING BRIEF OF APPELLANT

TO THE HONORABLE COURT OF APPEALS:

MICHAEL D. LEE, Appellant, files this motion requesting an extension of

time to file his 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 his

brief. Appellant’s brief is due to be filed on October 26, 2015.

I.

Counsel for Appellant has begun preparation of Appellant’s brief, however,

due to other commitments counsel has been unable to complete research and finalize

the brief in this case by the due date. Those commitments include: 

ACCEPTED

06-15-00037-CV

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS

10/26/2015 2:00:50 PM

DEBBIE AUTREY

CLERK

 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 10/26/2015 2:00:50 PM DEBBIE AUTREY Clerk
1. Serving as court-order mediator in Elizabeth Asbel v. REG New

Boston, LLC and Robert Taylor, No. 5:14-cv-152 In the United

States District Court Eastern District of Texas, Texarkana

Division;

2. Serving as mediator in Joanna Hurd v. Penny Smith, Cause No.

12C0656-005 in the District Court of Bowie County, Texas;

3. Serving as mediator in Eddie Ray Shuffield and wife, Chestene

Shuffield v. Thomas Bui and wife, Mary Bui, Individually; and

Thomas Bui & Sons, Inc., No. 46-CV-15-71-1 in the Circuit

Court of Miller County, Arkansas;

4. Assisting in preparation of the Brief of Appellant in Burlington

Resources Oil & Gas Company, LP v. Petromax Operating

Company, Inc., Woodbine Acquisition, LLC n/k/a MD America

Energy, LLC, Petrotexas, LLC, CH4 Energy II, LLC, and Texcal

Energy South Texas, LP, No. 06-15-00044-CV in thisCourt; and

5. Attendance at the 19

th Annual Eastern District of Texas 2015

Bench Bar Conference.

III.

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

to file his 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, MICHAEL D. LEE,

prays that the time for filing his appellate brief be extended fourteen (14) days until

November 9, 2015.

Second Motion to Extend Time for Filing Brief of Appellant – Page 2
Respectfully submitted,

 /s/ John R. Mercy 

John R. Mercy

 Texas 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

James A. Holmes

Texas State Bar No. 00784290

THE LAW OFFICE OF JAMES HOLMES, PC

212 South Marshall

Henderson, TX 75654

Telephone: (903) 657-2800

Facsimile: (903) 657-2855

Email: jh@JamesHolmesLaw.com

ATTORNEYS FOR APPELLANT

CERTIFICATE OF CONFERENCE

I have contacted Andrew Jubinsky, Attorney for Appellee, New York Life

Insurance Company, regarding the relief sought by this motion and he has no

objection to the motion. I attempted to contact LaToyia Pierce, Attorney for

Appellees, The Rogers Agency and C. MichaelRogers, but have been unable to reach

her and, therefore, do not know her position.

 /s/ John R. Mercy 

John R. Mercy

Second Motion to Extend Time for Filing Brief of Appellant – Page 3
CERTIFICATE OF SERVICE

I hereby certify that on October 26, 2015, a true and correct copy of the

foregoing Second Motion to Extend Time for Filing Brief of Appellant wasserved on

all counsel of record for Appellees by the Electronic Service Provider as follows:

Ms. LaToyia Pierce

WILSON, ELSER, MOSKOWITZ,

EDLEMAN & DICKER LLP

4800 Bank of America Plaza

901 Main Street

Dallas, TX 75202

Email: latoyia.pierce@wilsonelser.com

Mr. Andrew Jubinsky

FIGARI & DAVENPORT, LLP

3400 Bank of America Plaza

901 Main Street

Dallas, TX 75202

Email: andy.jubinsky@figdav.com

 /s/ John R. Mercy 

John R. Mercy

Second Motion to Extend Time for Filing Brief of Appellant – Page 4