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No. 12-15-00047-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 3rd Judicial District Court 

Henderson County, Texas; 

Cause No. 2014C-0638, the Honorable Mark Calhoon, Presiding 

AGREED MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF

TO THE HONORABLE TWELFTH COURT OF APPEALS: 

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

Appellee’s Brief. 

I. Introduction 

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

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

TEX. R. APP. P. 38.6(d). 

ACCEPTED

12-15-00047-CV

TWELFTH COURT OF APPEALS

TYLER, TEXAS

9/14/2015 4:50:46 PM

Pam Estes

CLERK

 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 9/14/2015 4:50:46 PM PAM ESTES Clerk
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II. Arguments and Authorities

3. This Court may extend the time to file an Appellee’s Brief under the 

authority of Texas Rule of Appellate Procedure 38.6(d).

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

5. Appellee’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 receive 

those records. 

6. Appellant and Appellee are currently conducting settlement

negotiations, which the agreed upon extension requested herein would benefit.

7. Appellee requests an extension of sixty (60) days from the date that 

his Appellee’s Brief is due so that he may submit a narrowly tailored brief that 

assists this Court with the resolution of this Appeal, and also to give the parties 

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

date for the Appellee’s Brief would be Friday, November 20, 2015. 

8. Appellee has not filed any previous motions to extend time in this 

matter. Appellant was granted a sixty (60) day extension to his deadline for filing 

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

motion is filed for good cause, in the interest of judicial economy, and is not filed 

solely for delay.
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III. Conclusion

Accordingly, Appellee requests that this Court grant this Motion to Extend 

Time to File Appellee’s Brief, enter an order extending the due date for Appellee’s 

Brief from September 21, 2015 to November 20, 2015, and award any and all other 

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

Respectfully submitted,

LOVELACE KILLEN, P.L.L.C.

By: /s/ Koy R. Killen

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 APPELLEE

EDWIN N. HEALEY
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CERTIFICATE OF CONFERENCE

I, the undersigned, do hereby certify that on September 14, 2015, counsel for 

Appellee conferred with counsel for Appellant 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 14, 2015.

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