ACCEPTED 06-15-00088-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS 12/8/2015 1:06:32 PM DEBBIE AUTREY CLERK

CASE NO. 06-15-00088-CV

FILED IN 6th COURT OF APPEALS IN THE TEXARKANA, TEXAS SIXTH COURT OF APPEALS 12/8/2015 1:06:32 PM TEXARKANA, TEXAS DEBBIE AUTREY Clerk

Thomas Seabourne v. Danese Seabourne

MOTION FOR EXTENSION OF TIME FOR FILING BRIEF ON APPEAL

JOE SHUMATE State Bar No. 18327500 107 North Main Street P. O. Box 1915 Henderson, Texas 75653-1915 (903) 657-1416 (903) 655-8211 Attorney for Appellant, Geary H. Lee

MOTION FOR EXTENSION OF TIME FOR FILING BRIEF ON APPEAL

TO THE HONORABLE COURT:

COMES NOW Thomas Seabourne, Appellant in the above-styled and

numbered cause, by and through his attorney of record, and pursuant to Rule

10.5(b)(3) of the Texas Rules of Appellant Procedure, files this his Motion for Extension of Time for Filing of a Brief on Appeal, and in support of same would

respectfully show unto the Court as follows:

1. The time for filing the Brief on Appeal in this case is the 4th day of

December, 2015. This extension, Appellant’s first motion to extend the time for

filing the Brief on Appeal with the Clerk of this Court, is filed not for delay, but so

that justice may be done.

2. Counsel for Appellant has been involved in numerous trials since the

notice of appeal filed herein, a hearing on a Plea for Abatement on this case was

heard and the due date for the deadline of the brief was calendared for the wrong date.

Therefore, counsel for Appellant would request the Court grant an extension of the

briefing deadline of forty-five (45) days.

3. The attached affidavit of Joe Shumate for Appellant herein, is offered in

support of this motion.

WHEREFORE, Appellants request that:

1. The Clerk of this Court give notice of this motion to Appellee, by and

through her attorney of record;

2. This Court grant Appellant’s motion;

3. This Court extend the time for filing said Brief on Appeal to the 18th day

of January, 2016.

-2- Respectfully submitted,

LAW OFFICE OF JOE SHUMATE

BY Joe Shumate State Bar No. 18327500 107 North Main Street P. O. Box 1915 Henderson, Texas 75653-1915 (903) 657-1416 (903) 655-8211 Attorney for Appellant

Certificate of Service

I certify that a true copy of the above was served on each attorney of record or party in accordance with the Texas Rules of Civil Procedure on December 8, 2015.

Joe Shumate

-3- AFFIDAVIT

STATE OF TEXAS § § COUNTY OF RUSK §

On this day personally appeared Joe Shumate, who after being by me first duly sworn, did depose and state that the facts and allegations set out in the above and foregoing Motion to Extend Time for Filing of Brief on Appeal are within his personal knowledge and belief and are true and correct.

Joe Shumate

SUBSCRIBED AND SWORN TO BEFORE ME this the 8th day of December, 2015 by Joe Shumate, to certify which witness my hand and seal of office.

Notary Public, State of Texas

-4-