Felix Luera, Jr. and Bianca Luera, Individually and as Next Friend of C.I. v. Basic Energy Services, Inc. and Basic Energy Services, L.P.

Opinion

ACCEPTED

04-15-00466-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS 10/28/2015 4:13:38 PM

KEITH HOTTLE

CLERK

No. 04-15-00466-CV

FILED IN

4th COURT OF APPEALS SAN ANTONIO, TEXAS

Felix Luera, Jr. and 10/28/2015 4:13:38 PM

Bianca Luera KEITH E. HOTTLE In the Court of Appeals

Clerk

V. for the Fourth District of Texas

Basic Energy Services, Inc. and Basic Energy Services, L.P.

A PPELLEES ’ M OTION TO D EFER B RIEFING ON THE M ERITS P ENDING D ISPOSITION OF A PPELLEES ’ M OTION TO D ISMISS

T O THE H ONORABLE C OURT OF APPEALS : Appellees Basic Energy Services, Inc. and Basic Energy Services, L.P. (collectively, “Basic Energy”) move the Court to defer briefing on the merits in this matter until the Court has ruled on the Appellees’ Motion to Dismiss.

P ROCEDURAL HISTORY

On August 24, 2015, Appellees filed their Motion to Dismiss this appeal on the ground that Appellants’ notice of appeal was untimely. In particular, the judgment they appeal from was signed on November 4, 2014, and yet they did not file their notice of appeal until July 14, 2015. The Appellees’ Motion to Dismiss remains pending.

The Court has granted an extension of the deadline for Appellants to file their brief; it is now due on November 20, 2015. The Appellees’ brief will be due 30 days after Appellants’ brief is filed. If the Motion to Dismiss is granted, the Court will not find it necessary to address the merits of the appeal. Thus, requiring the parties to submit full briefs on the merits before the Motion to Dismiss is disposed of may result in a needless expenditure of resources by the parties and the Court.

WHEREFORE, Appellees request that the Court defer briefing on the merits until it disposes of the Appellees’ Motion to Dismiss.

Respectfully submitted,

/s/ Ken Fields___________

Ken Fields Texas State Bar No. 06975350 kfields@mcv-law.com

MCKIBBEN & VILLARREAL, L.L.P. 1100 Tower II 555 N. Carancahua Corpus Christi, Texas 78401-0841 361-882-6611 361-883-8353 (telefax)

Attorneys for Appellees Basic Energy Services, Inc. and Basic Energy Services, L.P.

APPELLEES’ MOTION TO DISMISS 2

CERTIFICATE OF SERVICE

This is to certify that a copy of the foregoing instrument was served on the other counsel of record, in the manner indicated below, on October 28, 2015.

/s/ Ken Fields___________ Ken Fields

By e-filing and telefax, (361) 985-0601: Mr. Russell W. Endsley THE LAW OFFICES OF THOMAS J. HENRY 521 Starr Street Corpus Christi, Texas 78401 Attorney for Appellants

By e-filing and telefax, 210-979-7810: Ricardo R. Reyna Brock Person Guerra Reyna, P.C. 17339 Redland Road San Antonio, Texas 78247

Co- counsel on appeal for Appellees

APPELLEES’ MOTION TO DISMISS 3