Frances Spanos Shelton v. Vernon Leuschner, and as Durable Power of Attorney for Katherine Leuschner, Robert Lee Spanos, Christopher Blake Spanos, and Kathryn Nicole Lawrie
This text of Frances Spanos Shelton v. Vernon Leuschner, and as Durable Power of Attorney for Katherine Leuschner, Robert Lee Spanos, Christopher Blake Spanos, and Kathryn Nicole Lawrie (Frances Spanos Shelton v. Vernon Leuschner, and as Durable Power of Attorney for Katherine Leuschner, Robert Lee Spanos, Christopher Blake Spanos, and Kathryn Nicole Lawrie) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ACCEPTED 15-25-00072-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 5/5/2025 12:26 PM No. 15-25-00072-CV CHRISTOPHER A. PRINE CLERK FILED IN IN THE COURT OF APPEALS 15th COURT OF APPEALS FOR THE FIFTEENTH DISTRICT AUSTIN, TEXAS 5/5/2025 12:26:33 PM AT AUSTIN CHRISTOPHER A. PRINE Clerk
FRANCES SPANOS SHELTON, Appellant, v. VERNON LEUSCHNER, ROBERT LEE SPANOS, CHRISTOPHER BLAKE SPANOS, KATHRYN NICOLE LAWRIE, AND KATHERINE LEUSCHNER, Appellees.
On Interlocutory Appeal from the 414th District Court of McLennan County, Texas, Cause No. 2024-3035-5
UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF
Kirk L. Pittard Craig D. Cherry State Bar No. 24010313 State Bar No. 24012419 kpittard@dpslawgroup.com ccherry@cjsjlaw.com Rick Thompson Ryan C. Johnson State Bar No. 00788537 State Bar No. 24048574 rthompson@dpslawgroup.com rjohnson@cjsjlaw.com DURHAM, PITTARD & SPALDING, LLP Scott H. James P.O. Box 224626 State Bar No. 24037848 Dallas, Texas 75222 sjames@cjsjlaw.com (214) 946-8000 M. Katie Quillen (214) 946-8433 (fax) State Bar No. 24133047 kquillen@cjsjlaw.com CHERRY JOHNSON SIEGMUND JAMES, PLLC 7901 Fish Pond Road, 2nd Floor Waco, Texas 76710 (254) 732-2242 (866) 627-3509 (fax)
COUNSEL FOR APPELLANT Appellant Frances Spanos Shelton files this unopposed motion for
extension of time to file her brief requesting an additional 30 days—i.e., until
June 12, 2025—and would respectfully show the Court as follows:
1. The appellate record was filed on April 23, 2025.
2. Appellant’s Brief in this interlocutory appeal is currently due on
May 13, 2025.
3. Appellant respectfully requests a 30-day extension of time to file
her brief, moving the deadline to June 12, 2025.
4. The undersigned counsel seeks this extension due to his existing
heavy workload and briefing deadlines, including but not limited to, the
following:
A. Preparing Appellants’ Reply Brief in Cause No. 05-24-01141-CV; Kristine Nicole Lancaster, et al., v. AAA Texas, LLC, in the Fifth Court of Appeals, Dallas, Texas. The brief was filed on April 28, 2025.
B. Preparing the Real Parties in Interests’ Response to the Petition for Writ of Mandamus in Cause No. 04-25-00052-CV; In re Jordyn Ellis, in the Fourth District Court of Appeals. The response brief is currently due on or before May 12, 2025.
C. Preparing Appellant’s Brief in Cause No. 02-25-00146-CV; Kids in Motion of Springfield, LLC, Patricia Naylor and Rodney Naylor v. TLGI, LLC, in the Second Court of Appeals, Fort Worth. The brief is currently due on or before May 28, 2025.
Appellant’s Unopposed Motion for Extension of Time to File Brief Page 2 D. Preparing Appellee’s Brief in Cause No. 08-25-00012-CV, Texas Regional Landfill Co., LP v. McNeil, in the Eighth Court of Appeals at El Paso. The brief is currently due on or before May 30, 2025.
Because of these deadlines and other day-to-day projects, counsel requests
an additional thirty days to review the record and analyze the issues to be
addressed in the brief so that they may be clearly and concisely presented to
this Court.
5 This is Appellant’s first request for an extension of time to file
her brief.
6. This request is not being filed solely for the purposes of delay,
but in order that justice may be served.
CERTIFICATE OF CONFERENCE
On May 2, 2025, the undersigned counsel communicated with Mr.
Angus McSwain, counsel for Appellee Vernon Leuschner, regarding the
substance of this motion, and he graciously stated that he and his client were
not opposed to the relief requested in this motion.
On May 2, 2025, the undersigned counsel also communicated with Mr.
Jim Dunnam, counsel for the remaining Appellees, regarding the substance
of this motion, and he graciously state that he and his clients were not
opposed to the relief requested in this motion either.
Appellant’s Unopposed Motion for Extension of Time to File Brief Page 3 PRAYER
For these reasons, Appellant respectfully requests that this Court grant
her motion and extend the time to file Appellant’s Brief to June 12, 2025.
Respectfully submitted,
By: /s/ Rick Thompson Rick Thompson State Bar No. 00788537 rthompson@dpslawgroup.com DURHAM, PITTARD & SPALDING, LLP P.O. Box 224626 Dallas, Texas 75222 (214) 946-8000 – Office (214) 946-8433 – Facsimile
Craig D. Cherry State Bar No. 24012419 ccherry@cjsjlaw.com Ryan C. Johnson State Bar No. 24048574 rjohnson@cjsjlaw.com Scott H. James State Bar No. 24037848 sjames@cjsjlaw.com M. Katie Quillen State Bar No. 24133047 kquillen@cjsjlaw.com CHERRY JOHNSON SIEGMUND JAMES, PLLC 7901 Fish Pond Road, 2nd Floor Waco, Texas 76710 (254) 732-2242 – Office (866) 627-3509 – Facsimile
COUNSEL FOR APPELLANT
Appellant’s Unopposed Motion for Extension of Time to File Brief Page 4 CERTIFICATE OF SERVICE
I hereby certify that on May 5, 2025, a true and correct copy of the foregoing motion was served on the following counsel of record via electronic service, pursuant to the Texas Rules of Appellate Procedure.
Jim Dunnam Andy McSwain jimdunnam@dunnamlaw.com mcswain@thetexasfirm.com Andrea Mehta Mark E. Firmin andreamehta@dunnamlaw.com mfirmin@thetexasfirm.com Mason Vance Dunnam BEARD KULTGEN BROPHY BOSTWICK masondunnam@dunnamlaw.com & DICKSON PLLC DUNNAM & DUNNAM LLP 220 South 4th Street 4125 West Waco Drive Waco, Texas 76701 Waco, Texas 76710 Attorneys for Intervenor/Appellee Attorneys for Intervenors/Appellees Vernon Leuschner Robert Spanos, Chrisopher Spanos, and Nicole Spanos
/s/ Rick Thompson Rick Thompson
Appellant’s Unopposed Motion for Extension of Time to File Brief Page 5 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.
Kelly Blackburn on behalf of William Richard Thompson Bar No. 788537 efile@dpslawgroup.com Envelope ID: 100432338 Filing Code Description: Motion Filing Description: UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS BRIEF Status as of 5/5/2025 12:51 PM CST
Associated Case Party: FrancesSpanosShelton
Name BarNumber Email TimestampSubmitted Status
Rick Thompson rthompson@dpslawgroup.com 5/5/2025 12:26:33 PM SENT
Craig Cherry 24012419 ccherry@cjsjlaw.com 5/5/2025 12:26:33 PM SENT
Kirk Pittard kpittard@dpslawgroup.com 5/5/2025 12:26:33 PM SENT
Ryan Johnson rjohnson@cjsjlaw.com 5/5/2025 12:26:33 PM SENT
Scott James sjames@cjsjlaw.com 5/5/2025 12:26:33 PM SENT
Michala Quillen kquillen@cjsjlaw.com 5/5/2025 12:26:33 PM SENT
Associated Case Party: Vernon Leuschner
Angus McSwain 13861100 mcswain@thetexasfirm.com 5/5/2025 12:26:33 PM SENT
Mark Firmin 24099614 firmin@thetexasfirm.com 5/5/2025 12:26:33 PM SENT
Associated Case Party: RobertLeeSpanos
James Dunnam 6258010 jimdunnam@dunnamlaw.com 5/5/2025 12:26:33 PM SENT
Mason Dunnam masondunnam@dunnamlaw.com 5/5/2025 12:26:33 PM SENT
Andrea Mehta andreamehta@dunnamlaw.com 5/5/2025 12:26:33 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.
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Frances Spanos Shelton v. Vernon Leuschner, and as Durable Power of Attorney for Katherine Leuschner, Robert Lee Spanos, Christopher Blake Spanos, and Kathryn Nicole Lawrie, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frances-spanos-shelton-v-vernon-leuschner-and-as-durable-power-of-texapp-2025.