No. 06-15-00007- CV

In the Sixth Court of Appeals

Texarkana, Texas

______________________________________ H YDROGEO

, LLC AND F IRST B ANK & T RUST E AST T EXAS

Appellants

AND

D E B ERRY 3 O PERATING C OMPANY

, LLC,

Appellant

v.

Q UITMAN I NDEPENDENT S CHOOL D ISTRICT

, W OOD C OUNTY

, U PPER S ABINE W ASTE

D ISPOSAL D ISTRICT

, AND W OOD C OUNTY C ENTRAL H OSPITAL D ISTRICT

, Appellees

_______________________________________

On Appeal from the 402 nd Judicial District Court

Wood County, Texas

MOTION TO EXTEND TIME FOR FILING

BRIEF OF APPELLANT

TO THE HONORABLE COURT OF APPEALS:

Hydrogeo, LLC and First Bank & Trust East Texas, Appellants in the above styled and

numbered cause , hereby move the Court pursuant to Rule 38.6(d), Texas Rules of Appellate

Procedure, for an extension of time to file their brief. As grounds for such extension

, the

Appellants would show the Court the following:

I.

This is Appell ants ’ first request for an ext ension of time in which to file their brief.

Appellees’ brief is due to be filed on June 18, 2015. ACCEPTED

06-15-00007-CV

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS

6/18/2015 1:24:14 PM

DEBBIE AUTREY

CLERKII.

Due to other previously scheduled matters, the undersigned counsel for Appellants, despite

best efforts to do so, has been unable to complete resear ch and briefing necessary to finalize the

brief in this case by the due date. Those matters have included :

1. Being out of town the entire week between June 8 th and June 14 th

.

2. Reviewing voluminous title documents regarding a complex oil and gas matter for a

client in Rusk County

, Texas.

3. Extensive Motion practice, including drafting Motion for Entry of Judgment in Cause

No. 2013

- 457; Bagley Minerals, L.P. v. Brammer Petroleum, Inc. ; In the 123 rd District

Court of Panola County, Texas

.

III.

Therefore, Appellants request a fourteen day extension until Thursday, July 2, 2015 in

which to file their 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 b ut that justice be

served.

WHEREFORE, PREMI S ES CONSIDERED, Appellants Hydrogeo, LLC and First Bank

& Trust East Texas, pray that the time for filing their appellate brie f be extended to Thursday, July

2, 2015.

Respectfully Submitted,

/s/ J. Don W estbrook

J. DON WESTBROOK

Texas Bar No. 21215500

C OGHLAN C ROWSON

, LLP

1127 Judson Road, Suite 211

Longview, Texas 75601

(903) 758

- 5543

(903) 753

- 6989 (fax)

dwestbrook@ccfww.com

Attorneys for Hydrogeo, LLC and

First Bank & Trust East TexasCertificate of Conference

I have contacted Edward J. (Nick) Nicholas and Jim Lambeth, Attorneys for Appellees,

Wood County, Upper Sabine Waste Disposal District and Wood County Central Hospital District,

David Hudson, Attorney for Appellee Quitman ISD, and Michael Dunn, Attorney for Appellant,

De Berry 3 Operating Company, LLC regarding the relief sought by this motion and they have no

objection to the motion.

/s/ J. Don Westbrook

J. Don Westbrook

Ce rtificate of Service

I hereby certify that a true and correct copy of the foregoing Motion to Extend Time for

Filing Brief of Appellants has been forwarded to:

Appellant Counsel for DeBerry 3 Operating

DeBerry 3 Operating Company, LLC Company, LLC:

Michael L. Dunn

Smead, Anderson & Dunn

2110 Horseshoe Lane

Longview, Texas 75606

Appellee Counsel for Wood County, Upper

Wood County, Upper Sabine Sabine Waste Disposal District and

Waste Disposal District and Wood Wood County Central Hospital

County Central Hospital District District

Edward J. (Nick) Nicholas

Linebarger Goggan Blair &

Sampson, LLP

4828 Loop Central Drive, Suite 600

Houston, Texas 77081

Jim L. Lambeth

Alison Wylie

Linebarger Goggan Blair & Sampson, LLP

1517 W. Fron t St. Suite 202

Tyler, Texas 75702Appellee Counsel for Quitman Independent

Quitman Independent School District School District

David Hudson

Perdue, Brandon, Fielder, Collins & Mott,

LLP

PO Box 2007

Tyler, Texas 75710

/s/ J. Don Westbrook

J. Don Westbrook