NO. 12—15-00244-CV IN THE TWELFTH COURT OFAPPEALS TYLER, TEXAS

LARRYLOTTD/B/A LARRYLOTTINTERIORS, 

### Appellant,

v.
CHALEYMCCAIN, Appellee.

FIRSTMOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S BRIEF Amy D. Long Texas Bar No. 24036984 100 E. Ferguson St., Suite 610 Tyler, Texas 75702 903-592-1641 888-407-7724 fax amv(2),amvdlong.com 

### Attorney for Appellant Larry Lott d/b/a Larry Lott Interiors

FIRSTMOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S BRIEF 1 ACCEPTED 12-15-00244-CV TWELFTH COURT OF APPEALS

TYLER, TEXAS 11/16/2015 6:14:38 PM

Pam Estes CLERKTO THE HONORABLE FOURTEENTH COURT OF APPEALS: 

### Pursuant to TEX. R. APP. P. 10.1 and 38.6(d), the Appellant, Larry Lott 

### d/b/a LarryLottInteriors, files this FirstMotion toExtend Time toFile Appellant's Brief. 

### Appellant's opening brief is currently due on November16,2015. Counsel for Appellant requests a 30-day extension oftime to file its brief, 

### making the brief due on December 16, 2015. This is thefirst requestfor extension of time to file the opening brief. 

### Counsel for Appellant relies on the following reasons, in addition to the routine matters that counsel must attend to in daily practice, to explain the needfor the requested extension: 

### Counsel for Appellant discovered on November 16, 2015 that the Clerk's record filed with the Court of Appeals is incomplete. 

### Specifically, missing from the record is the Request for Jury Trial electronicallyfiled by Defendant, Larry Lott d/b/a/Larry Lott Interiors on March 11, 2015. Counsel for Appellant will need to request a supplemental record from the Clerk of the District Court. Counsel for Appellant seeks this extension oftime to be able to prepare a 

### cogent and succinct briefwith correct citations to the record to aid this Court in its analysis ofthe issues presented. This request is not sought for delay but so that justice may be done. 

### The undersigned has attempted to confer with opposing counsel, and he was 

### not available and did not immediately respond to an email inquiry whether he opposes or does not oppose this motion. FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S BRIEF 2

### All facts recited in this motion are within the personal knowledge of the 

## counsel signing this motion, therefore no verification is necessary underRule of Appellate Procedure 10.2.
PRAYER FOR RELIEF 

### For the reasons set forth above, Appellantrequests that this Court grant this First Motion to Extend Time to File Appellant's Briefand extend the Deadline for 

### Filing theAppellant's Briefup to and including December 16, 2015. Appellant prays for all other reliefto which it may be entitled. Respectfully submitted,

AmyAD. TBN. 240369! 100 E. Ferguson, Suite 610 Tyler, Texas 75702 903-592-1641 888-407-7724 fax amy@amydlong.com Counsel forAppellant

FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S BRIEF 3Certificate of Conference 

## Icertify that Iattemptedto conferand correspond with Vance Metcalf, counsel for Appellee regarding this motion and that Appellee was not available to discuss the matter by phone or email.

Amy D. Lorn Counsel for Appellant

CERTIFICATE OF SERVICE 

### I certify that on November 16,2015,1 e-served and mailed a copy ofthis motion to the following counsel by First Class U.S. Mail:
Vance L. Metcalf Kent, Good & Anderson, PC 

### Woodgate I, Suite 200 1121 ESE Loop 323 Tyler, Texas 75701 

### vmetcalf@tyler.net

Amy D 

### CounseMbr Appella^

FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S BRIEF 4