NO. 06-15-00009-CV

IN THE COURT OF APPEALS

SIXTH COURT OF APPEALS DISTRICT

TEXARKANA, TEXAS

DENNIS RAYNER AND JOE TEX XPRESS,INC.,

 Appellants,

V. 

KRISTA DILLON, 

 Appellee.

ON APPEAL FROM THE 62ND DISTRICT COURT, HOPKINS COUNTY, TEXAS

HONORABLE WILL BIARD PRESIDING

CAUSE NO. CV40921

AGREED FIRST MOTION FOR EXTENSION OF TIME TO FILE

APPELLANTS’ BRIEF

TO THE HONORABLE SIXTH COURT OF APPEALS: 

Appellants respectfully present this agreed first motion to extend the 

time in which to file their Appellants’ Brief pursuant to Texas Rule of 

Appellate Procedure 38.6. No previous motions for extension of time to file 

the Appellants’ Brief have been filed. In support of this motion, appellants 

would show the Court as follows:

ACCEPTED

06-15-00009-CV

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS

7/17/2015 3:11:38 PM

DEBBIE AUTREY

CLERK

 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 7/17/2015 3:11:38 PM DEBBIE AUTREY Clerk
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I.

Appellants’ principal brief is currently due on July 17, 2015. Because 

of the events and matters described more fully below, appellants request an 

extension of an additional 30 days in which to file the Appellants’ Brief or 

until August 17, 2015.

II.

The requested extension is necessary because the following matters 

have prevented the undersigned from completing the Appellants’ Brief and 

will preclude the undersigned from doing so sooner than August 17, 2015:

1. The undersigned was required to prepare a jury charge and 

attend a jury charge hearing during a trial in Jeffrey Green et al. v. Anthony “Tony” Schuchart, No. 3075, in the County Court 

at Law, Medina County, Texas;

2. The undersigned prepared and revised post-judgment filings in Robertson Electric, Inc. v. Select Building Systems, Inc. et al., 

No. 13-212, in the 216th District Court, Kendall County, Texas;

3. The undersigned has been ordered to file a response to the 

petitioners’ motion for rehearing in City of Houston and Daniel 

W. Krueger, in His Official Capacity as Director of Public 

Works & Engineering v. Little Nell Apartments, LP et al., No 

14-0473, in the Texas Supreme Court; 

4. The undersigned is preparing the appellants’ brief in In re 

Estate of Jack Ikenaga, Sr., No. 04-15-00005-CV, in the Fourth 

Court of Appeals; and 

5. The undersigned has been out of the office attending meetings 

associated with his service as President-elect of the Texas Young 

Lawyers Association.

For all of the reasons explained above, counsel for appellants cannot 

complete the Appellants’ Brief by its current due date of July 17, 2015, and 

needs an additional 30 days in which to do so.
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III.

On July 17, 2015, the undersigned conferred with John Mercy, lead

appellate counsel for appellee. Mr. Mercy indicated that this motion would 

not be opposed.

WHEREFORE, PREMISES CONSIDERED, appellants respectfully 

request that this Court grant their motion for extension of time in which to 

file the Appellants’ Brief, extend the deadline in which to file the brief an 

additional 30 days up to and including August 17, 2015, and grant such other 

and further relief to which appellants may be justly and equitably entitled.

Respectfully submitted,

/s/ Samuel V. Houston, III

SAMUEL V. HOUSTON,III

State Bar No. 24041135

HOUSTON DUNN, PLLC

4040 Broadway, Suite 440

San Antonio, Texas 78209

Telephone: (210) 775-0882

Fax: (210) 826-0075

sam@hdappeals.com

ATTORNEY FOR APPELLANTS
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CERTIFICATE OF SERVICE

I do hereby certify that a true and correct copy of the foregoing motion

has been served on the following counsel in accordance with the Texas Rules 

of Appellate Procedure, on this 17th day of July, 2015:

John Mercy Via email/eservice

MERCY CARTER TIDWELL, L.L.P.

1724 Galleria Oaks Drive

Texarkana, Texas 75503

jmercy@texarkanalawyers.com

Brent Goudarzi Via email/eservice

GOUDARZI & YOUNG, L.L.P.

P.O. Drawer 910

Gilmer, Texas 75644

brent@goudarzi-young.com

/s/ Samuel V. Houston, III

SAMUEL V. HOUSTON, III