## No. 12- 14 -00 288 -CV

**In the**  **Twelfth Court of Appeals** 

**Tyler, Texas**

J. MARK SWINNEA

Appellant

v.

ERI CONSULTING ENGINEERS, INC.

AND LARRY SNODGRASS

Appellee s

Appealed from the 114 th Judicial District Court

Smith County, Texas

UNOPPOSED MOTION TO EXTEND TIME

TO FILE APPELLANT’S BRIEF

Greg Smith

Texas Bar No. 18600600

R

AMEY & F LOCK

, P.C.

100 E. Ferguson, Suite 500

Tyler, T exas 75702

Telephone: 903

- 597

- 3301

Facsimile: 903

- 597

- 2413

A

TTORNEY FOR A PPELL ANT ACCEPTED

12-14-00288-CV

TWELFTH COURT OF APPEALS

TYLER, TEXAS

3/6/2015 2:51:17 PM

CATHY LUSK

CLERKTO 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 Friday

, April 1 0 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 March 11 , 2015.

(ii) Appel lant request s that the deadline for filing hi s brief be extended by 30

days to and including Friday

, April 1 0

, 201 5

.

(iii) This is Appellant’s second 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, South western Energy Production Company vs. Toby Berry

- Helfand and

Gery Muncey , In the Supreme Court of Texas ( brief on merits );

2(ii) No. 13

- 3138

- A

, Donald Lopez, et al. v. BMB Transportation, et al. , In the 7 th

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

filings );

(iii) 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 Easter n

District of Texas, Texarkana Division ( summary judgment f iling ); and

(iv) No. 13

- 0367

- A, Aspect International, Inc. and James Sterling v. David Tubb and

Superior Shooting System, Inc. , In the 7th District Court, Smith County, Texas

(appellant’s brief )

.

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 Friday, April 1 0 , 2015.

3Respectfully submitted,

/s/ Greg Smith

G reg 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

C OUNSEL FOR A PPELL ANT

, J. M ARK S WINNEA

4Certificate 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 6 th day of March , 201 5 , 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, LL P

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

5