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Dennis Rayner and Joe Tex Xpress, Inc. v. Krista Dillon

Citation: Not availableDocket: 06-15-00009-CV

Court: Court of Appeals of Texas; December 13, 2015; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In this judicial proceeding, the appellants, Dennis Rayner and Joe Tex Xpress, Inc., have filed a motion requesting an extension of time to submit their Reply Brief in litigation against the appellee, Krista Dillon. The request seeks to extend the existing deadline from December 28, 2015, to January 27, 2016. The appellants' counsel, citing numerous professional commitments such as preparing a brief in another case, attending mandatory meetings due to his role in the Texas Young Lawyers Association, and a scheduled vacation, argues for the necessity of this extension. Notably, the motion is unopposed, as the appellee's lead counsel, John Mercy, has agreed to the extension. The motion was formally submitted by Samuel V. Houston, III, representing the appellants, with a certificate of service confirming notification to the opposing counsel. The appellants respectfully request the court's approval to accommodate their scheduling constraints, ensuring the timely and effective filing of their Reply Brief.

Legal Issues Addressed

Agreement Among Parties

Application: Both parties agreed to the extension, demonstrating mutual consent for the requested deadline adjustment.

Reasoning: On December 14, 2015, the undersigned conferred with John Mercy, lead appellate counsel for the appellee, who agreed to the extension.

Motion for Extension of Time

Application: Appellants requested an extension for filing their Reply Brief due to various professional commitments and scheduling conflicts.

Reasoning: Appellants Dennis Rayner and Joe Tex Xpress, Inc. have filed an agreed first motion for an extension of time to submit their Reply Brief in the case against Appellee Krista Dillon.

Professional Obligations as Grounds for Extension

Application: The appellants' request for an extension was based on the counsel's obligations, including preparing briefs for other cases and attending professional meetings.

Reasoning: The request for the extension is supported by several reasons: The undersigned counsel is preparing an appellee's brief in another case, which is due on December 18, 2015.