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## No. 12

- 15

- 00 047

- CV

IN THE COURT OF APPEALS FOR THE TWELFTH JUDICIAL DISTRICT OF TEXAS

TYLER, TEXAS

MARK J. HEALEY APPELLANT

V.

EDWIN N. HEALEY
APPELLEE

Appeal from the 3 rd Judicial District Court Henderson County, Texas; Cause No. 2014C-0638, the Honorable Mark Calhoon, Presiding

AGREED MOTION TO EXTEND TIME TO FILE APPELL EE ’S BRIEF

TO THE HONORABLE TWELFTH COURT OF APPEALS:

Appell ee Edwin N. Healey files this Agreed Motion to Extend Time to File

Appell ee ’s Brief

.

I. Introduction

1. Appellant i s Mark J. Healey. Appellee is Edwin N. Healey.

2. No rule limits the time within which to file this motion to extend. See

T EX

. R. A PP

. P. 38.6(d). ACCEPTED 12-15-00047-CV TWELFTH COURT OF APPEALS

TYLER, TEXAS 9/14/2015 4:50:46 PM

Pam Estes CLERK2 II. Arguments and Authorities

3. This Court may extend the time to file a n Appell ee ’s Brief under the

a uthority of Texas Rule of Appellate Procedure 38.6(d).

4. Appell ee ’s Brief is due on September 21, 2015

.

5

. Appell ee ’s appellate counsel electronically filed a request for a copy

of the Clerk’s and Reporter’s record on September 3, 2015, and has yet to r eceive

those records.

6. Appellant and Appellee are currently conducting settlement

negotiations, which the agreed upon extension requested herein would benefit

.

7

. Appell ee requests an extension of sixty ( 6 0) days from the date that

his Appell ee ’s Bri ef is due so that he may submit a narrowly tailored brief that

assist s this Court with the resolution of this A ppeal , and also to give the parties

more time to continue settlement negotiations . If this Motion is granted, the due

date for the Appell ee ’s Br ief would be Fri day, November 20, 2015

.

8

. Appell ee has not filed any previous motions to extend time in this

matter

. Appellant was granted a sixty (60) day extension to h is deadline for filing

Appellant’s Brief, the same amount of time for which Appel lee is asking. This

motion is filed for good cause, in the interest of judicial economy

, and is not filed

solely for delay

.3 III. Conclusion

Accordingly, Appell ee request s that this Court grant this Motion to Extend

Time to File Appell ee ’s Brief

, enter an order extending the due date for Appell ee ’s

Brief from September 21 , 20 15 to November 20 , 201 5

, and award any and all other

relief to which he is entitled in either law or equity.

Respectfully submitted,
L OVELACE K ILLEN , P.L.L.C.

By: /s/ Koy R. Kil len Koy R. Killen
Texas Bar No. 24032628 kkillen @lovelacekillen.com Clinton W. Dennis
Texas Bar No. 24074130 cdennis @lovelacekillen.com 104 South Main Street Burleson, Texas 76028 Tel. (817) 447

- 0053 Fax. (817) 447

- 0052

ATTORNEYS FOR APPELL E E EDWIN N. HEALEY4 CERTIFICATE OF CONFERENCE

I, the undersigned, do hereby certify that on September 1 4 , 201 5 , counsel for Appell ee conferred with counsel for Appell ant regarding the merits of this Motion, and Appellant agreed to the relief requested herein.

/s/ Koy R. Killen Koy R. Killen

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document has been served upon the following counsel of record, via electronic service on September 1 4 , 201 5

.

Steve Stark Via Electronic Service Stark & Groom, LLP 110 East Corsicana Street Athens, Texas 75751 Attorney for Appellant /s/ Koy R. Killen Koy R. Killen