Earl Anderson, Carrie Bell Scott, Sharon Anderson, Evance Anderson, Bill Burton, Willie Mae Anderson, and Jerry J. Anderson (Smith) v. Robert Louis Durham ( 2015 )

ACCEPTED
12-15-00169CV
TWELFTH COURT OF APPEALS
TYLER, TEXAS
8/31/2015 4:17:18 PM
CATHY LUSK
CLERK
NO. 12-15-00169-CV
FILED IN
IN THE COURT OF APPEALS 12th COURT OF APPEALS
TYLER, TEXAS
TWELFTH APPELLATE DISTRICT OF TEXAS8/31/2015 4:17:18 PM
AT TYLER CATHY S. LUSK
Clerk
EARL ANDERSON, CARRIE BELL SCOTT, SHARON ANDERSON,
EVANCE ANDERSON, BILL BURTON, WILLIE MAE ANDERSON
AND JERRY J. ANDERSON (SMITH),
Appellants, FILED IN
12th COURT OF APPEALS
TYLER, TEXAS
V. 8/31/2015 4:17:18 PM
CATHY S. LUSK
ROBERT LOUIS DURHAM AND FRANK L. ZELLERS, III, Clerk
Appellees
______________________________________________________________
On appeal from the 173rd District Court
Henderson County, Texas
Trial Court No. 2012A-0662
______________________________________________________________
APPELLANTS’ MOTION TO EXTEND TIME TO FILE BRIEF
TO THE HONORABLE COURT OF APPEALS:
NOW COME Appellants, Earl Anderson, et al, pursuant to the
Appellate Rules, and requests that the Court grant Appellant
additional time in which to file APPELLANT'S BRIEF.
I.
The deadline for filing APPELLANTS’ BRIEF is August 10, 2015.
II.
Appellants have been unable to file APPELLANTS’ BRIEF for the
following reasons, which constitute good cause for the extension of
time under the Appellate Rules: Appellants timely filed their brief
APPELLANTS’ MOTION TO EXTEND TIME Page 1
on August 10, 2015 but inadvertently failed to file a certificate
of compliance as required by Tex. R. App. P. 9.4(i)(3). Said
failure is a technical defect, however, Appellants’ counsel
received a notice that the brief was accepted and did not receive
the Clerk’s notice to supplement the brief. Appellants’ counsel
did not realize that the brief was defective until the second
notice received on August 26, 2015.
III.
This extension of time is sought so that justice may be done,
and not for purposes of delay. Appellants’ Brief was timely served
on Appellee and Appellants’ Brief complies with the word count
limit. Therefore, Appellee suffered no harm by Appellants’ failure
to include a certificate of compliance.
IV.
Granting this request for an enlargement of time to file will
not unduly delay the appeal.
V.
Appellant requests until September 8, 2015 to file APPELLANTS’
BRIEF.
WHEREFORE, PREMISES CONSIDERED, Appellant requests the Court
to grant until September 8, 2015 to file APPELLANTS’ BRIEF.
APPELLANTS’ MOTION TO EXTEND TIME Page 2
Respectfully submitted,
Lana Johnson
__________________________________
LANA JOHNSON
Texas Bar No. 10763650
P. O. Box 816325
Dallas, TX 75381-6325
Tel. (903) 646-0672
Fax. (866) 447-7148
Attorney for Appellants
CERTIFICATE OF CONFERENCE
On August 30, 2015, the undersigned attorney conferred with
counsel for Appellee regarding the Motion to Extend Time by e-mail
and it is unopposed.
CERTIFICATE OF SERVICE
I certify that on August 30, 2015 a true and correct copy of
MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF was served by e-
mail on the Cope Law Firm.
Lana Johnson
LANA JOHNSON
APPELLANTS’ MOTION TO EXTEND TIME Page 3