Cynthia Sternberg v. Lydia Marrero Langston Trust, Katherine Langston Stoetzel, James Wright Langston, Jr., Kenneth Louis Langston, and Dr. James Wright Langston

Opinion

ACCEPTED 14-15-00191-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 6/5/2015 2:08:12 PM CHRISTOPHER PRINE CLERK Cause No. 14-15-00191-CV

IN THE FILED IN 14th COURT OF APPEALS COURT OF APPEALS HOUSTON, TEXAS Fourteenth Judicial District 6/5/2015 2:08:12 PM Houston, Texas CHRISTOPHER A. PRINE Clerk

CYNTHIA STERNBERG, Appellant.

v.

LYDIA MARRERO LANGSTON TRUST, KATHERINE LANGSTON STOETZEL, JAMES WRIGHT LANGSTON, JR., KENNETH LOUIS LANGSTON, AND DR. JAMES WRIGHT LANGSTON, Appellees

Appealed from the 190th Judicial District Court Harris County, Texas Cause No. 2013-67767

APPELLEES’ OBJECTION AND RESPONSE TO APPELLANT’S MOTION TO EXTEND TIME TO FILE BRIEF

DARRYL V. PRATT Texas State Bar No. 24002789 2500 Legacy Drive, Suite 228 Frisco, Texas 75034 (972) 712-1515 Telephone (972) 712-2832 Facsimile courtfilings@prattlawgroup.com ATTORNEY FOR APPELLEES

APPELLEES’ OBJECTION AND RESPONSE TO APPELLANT’S MOTION TO EXTEND TIME TO FILE BRIEF Sternberg v. Lydia Marrerro Langston Trust, et al. Page 1 APPELLEES’ OBJECTIONS AND RESPONSE TO APPELLANT’S REQUEST FOR EXTENSION OF TIME TO FILE BRIEF

TO THE HONORABLE JUSTICES OF THE FOURTEENTH COURT OF APPEALS:

Appellees, LYDIA MARRERO LANGSTON TRUST, KATHERINE

LANGSTON STOETZEL, JAMES WRIGHT LANGSTON, JR., KENNETH LOUIS

LANGSTON, AND DR. JAMES WRIGHT LANGSTON, file this Objection and

Response to Appellant’s Request for Extension of Time in Which to File Brief, and in

support would show as follows:

1. On or about June 1, 2015, Appellant filed her “Appellant’s Firs [sic] Request for

Extension of Time in Which to File Brief (opposed)” (hereinafter “Request”). At

the outset, Appellees note and clarify that Appellant is seeking an extension of

time by which to file the trial court record, not Appellant’s brief as improperly

stated in the title of her Request.

2. The final judgment of the trial court was entered in this case on January 9, 2015.

Pursuant to Tex. R. App. P. 26.1(a), the original deadline for filing the appellate

record was May 11, 2015. See also Tex. R. App. P. 35.1(a) (The appellate record

must be filed, within 120 days after the judgment is signed if governed by Tex. R.

App. P. 26.1(a)).

3. On or about April 29, 2015, Appellant filed an “Affidavit of Indigency”

(hereinafter “Affidavit”). On May 5, 2015, the Harris County District Clerk filed

APPELLEES’ OBJECTION AND RESPONSE TO APPELLANT’S MOTION TO EXTEND TIME TO FILE BRIEF Sternberg v. Lydia Marrerro Langston Trust, et al. Page 2 it’s “District Clerk’s Contest of Affidavit of Indigence Texas Rule of Appellate

Procedure 20.1.”

4. On May 12, 2015, the trial court entered its “Judgment and Order Sustaining

Contest to Pauper’s Oath,” denying Appellant’s Affidavit and finding

specifically that Appellant “is able to pay all filing fees, or to give security

therefore, [and] that the affidavit was not filed in good faith.” As a result, the

district clerk was ordered not to proceed or process any further actions or settings

on the case until Appellant pays and/or deposits in full all costs of this appeal.

5. As of the date of filing of this Response, Appellant has made no payment

arrangements for the preparation of the record in this case.

6. Appellant alleges in her Request that the parties hereto “are engaged over these

identical issues in Mississippi.” To the contrary, on or about August 12, 2014, the

Mississippi court entered an order invalidating the last will and testament and

trust agreement at issue in this case to be invalid.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellees request that Appellant’s

Request be DENIED.

APPELLEES’ OBJECTION AND RESPONSE TO APPELLANT’S MOTION TO EXTEND TIME TO FILE BRIEF Sternberg v. Lydia Marrerro Langston Trust, et al. Page 3 Respectfully submitted,

/s/ Darryl V. Pratt Darryl V. Pratt Texas State Bar ID 24002789 PRATT LAW GROUP, PLLC 2500 Legacy Drive, Suite 228 Frisco, Texas 75034 (972) 712-1515 Telephone (972) 712-2832 Facsimile courtfilings@prattlawgroup.com ATTORNEY FOR APPELLEES

CERTIFICATE OF SERVICE

I certify that a copy of Appellees Objections and Response to Appellant’s Request for Extension of Time in Which to File [Appellate Record] was served on each of the following parties in accordance with the Texas Rules of Appellate Procedure on June 5, 2015.

Cynthia Sternberg 2727 Revere Street, #1069 Houston, Texas 75098 Langston7@aol.com

/s/ Darryl V. Pratt Darryl V. Pratt

APPELLEES’ OBJECTION AND RESPONSE TO APPELLANT’S MOTION TO EXTEND TIME TO FILE BRIEF Sternberg v. Lydia Marrerro Langston Trust, et al. Page 4