XTO Energy Inc. v. Elton Goodwin

ACCEPTED 12-16-00068-CV

TWELFTH COURT OF APPEALS

TYLER, TEXAS 9/16/2016 1:45:33 PM

Pam Estes

CLERK

CAUSE NO. 12-16-00068-CV

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FILED IN 12th COURT OF APPEALS

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TYLER, TEXAS OURT OF PPEALS 9/16/2016 1:45:33 PM

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WELFTH ISTRICT OF EXAST PAM ESTES

Clerk

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XTO ENERGY, INC.,

APPELLANT V.

ELTON GOODWIN,

APPELLEE __________________________________________________________________

On Appeal from Cause No. CV 13-9496 rd 273 District Court, San Augustine County, Texas

The Honorable Charles Mitchell, presiding

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SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE

BRIEF OF APPELLEE, ELTON GOODWIN

_________________________________________________________________ TO THE HONORABLE TWELFTH COURT OF APPEALS:

Elton Goodwin, Appellee, respectfully moves for a second thirty day extension of time within which to file his appellee’s brief. His brief is currently due on September 30, 2016, following one extension and Mr. Goodwin requests that deadline be extended by an additional thirty days, up to and including October 30, 2016. The grounds for this motion are:

The undersigned counsel, Deborah Race, is responsible for preparing and filing Mr. Goodwin’s brief. In addition to the reasons stated in the prior motion, the undersigned counsel’s husband was admitted to the hospital on September 7, 2016, following a sudden illness and is still hospitalized today. As a result, counsel has been unable to work on this brief in the interim and needs the additional extension to catch up once her husband is released.

Appellant XTO Energy, Inc., filed its brief on July 30, 2016, following two extensions. The undersigned counsel has contacted Charles “Skip” Watson, Jr., counsel for appellant, and he has stated he does not oppose this motion. Date: September 16, 2016 Respectfully submitted,

BY: /s/ Deborah Race Deborah Race State Bar No. 16448700 [email protected] IRELAND, CARROLL & KELLEY, P.C. 6101 S. Broadway, Suite 500 Tyler, Texas 75703 Tel: (903) 561-1600 Fax: (903) 581-1071 COUNSEL FOR APPELLEE

CERTIFICATE OF CONFERENCE

On September 16, 2016, the undersigned counsel for Appellee emailed Mr. Charles R. “Skip” Watson, counsel for Appellant regarding the relief requested in this motion. Mr. Watson does not oppose a 30-day extension.

/s/ Deborah Race

CERTIFICATE OF SERVICE

I hereby certify that on September 16, 2016, a true and correct copy of the foregoing Unopposed Motion for Extension to File Brief of Appellee, Elton Goodwin, was served via EFileTx.Gov e-service on the following counsel of record:

Charles R. “Skip” Watson, Jr. Jason R. Mills [email protected] [email protected] Mike A. Hatchell Graham K. Simms [email protected] [email protected] LOCKE LORD LLP Tyler “Gus” A. Clardy 600 Congress Avenue, Suite 2200 [email protected] Austin, TX 78701 FREEMAN MILLS P.C. COUNSEL FOR APPELLANT 601 Shelley Drive, Ste. 201

Tyler, TX 75701 COUNSEL FOR APPELLANT /s/ Deborah Race