ACCEPTED 09-17-00026-CV NINTH COURT OF APPEALS BEAUMONT, TEXAS 12/11/2017 3:11 PM CAROL ANNE HARLEY CLERK NO. 09-17-00026-CV In the COURT OF APPEALS FILED IN 9th COURT OF APPEALS For The BEAUMONT, TEXAS 12/11/2017 3:11:38 PM NINTH DISTRICT OF TEXAS CAROL ANNE HARLEY Clerk Beaumont, Texas MELISSA BARCLAY, Appellant/Cross-Appellee vs. AURY GENE RICHEY Appellee/Cross-Appellant APPELLEE’S SECOND MOTION TO EXTEND TIME TO FILE ORIGINAL BRIEF TO THE HONORABLE NINTH COURT OF APPEALS: AURY GENE RICHEY, Appellee/Cross-Appellant, pursuant to Rule 10.5(b) of the Texas Rules of Appellate Procedure, moves for a further extension of time in which to file Appellee’s original brief, and in support would respectfully show the following: 1. Appellant’s Notice of Appeal and Cross-Appellant’s Notice of Cross-Appeal have been timely filed.

2. The present deadline for filing Appellee’s original brief is December 13, 2017.

3. Appellee/Cross-Appellant requests an additional thirty (30) days to file his brief. The new due date requested is Friday, January 12, 2018.

4. Appellee/Cross-Appellant requests this extension for the following reasons (a) Appellee’s counsel has handled several matters of an emergency nature for other clients requiring immediate and extended attention during the past month, and (b) Appellee’s counsel has recently made an unanticipated trip out of state to assist a family member and lost significant time needed to properly brief this matter, and (c) Appellee’s counsel has been out of the office for several days during the past month to assist during another family member’s illness.

5. This motion is made not solely for purposes of delay, but so that justice may be served.

WHEREFORE, PREMISES CONSIDERED, Appellee/Cross-Appellant respectfully requests that this Court of Appeals extend the time to file Appellee/Cross-Appellant’s original brief for thirty (30) days, until Friday, January 12, 2018.

Respectfully submitted,

DAVID L. TOLIN Texas Bar No. 20106300 TOLIN LAW FIRM W. Lucas Drive, Suite 200 Beaumont, Texas 77706 (409) 896-2792 (281) 254-7944 fax [email protected] ATTORNEY FOR AURY GENE RICHEY, APPELLEE/CROSS-APPELLANT

CERTIFICATE OF CONFERENCE I hereby certify that, pursuant to Rule 10.1(a)(5), counsel for Appellee conferred with counsel for Appellant regarding this motion. Counsel for Appellant is unopposed to the relief requested herein.

DAVID L. TOLIN

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to Daniel E. Mabry, counsel for Appellant/Cross-Appellee, via eFile.TXCourts.gov on this 11th day of December, 2017.

DAVID L. TOLIN