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

Opinion

ACCEPTED 15-25-00072-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 6/4/2025 10:31 AM 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 6/4/2025 10:31:29 AM 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 SECOND 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 second unopposed motion

for extension of time to file her brief requesting an additional 20 days—i.e.,

until July 2, 2025—and would respectfully show the Court as follows:

1. Appellant’s Brief in this interlocutory appeal was originally due

to be filed on or before May 13, 2025.

2. Appellant’s Brief is currently due on June 12, 2025.

3. Appellant respectfully requests an additional 20-day extension

of time to file her brief, moving the deadline to July 2, 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 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 was filed on May 12, 2025.

B. Preparing Petitioner’s Reply Brief in Case No. 24-1034, Debra Morris, et al. v. Old Republic Insurance Co., in the Supreme Court of Texas. The reply brief was filed on May 20, 2025.

C. 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 was filed on May 29, 2025.

Because of these deadlines and other day-to-day projects, counsel requests

an additional twenty days to review the record and analyze the issues to be Appellant’s Unopposed 2nd Motion for Extension of Time to File Brief Page 2 addressed in the brief so that the issues may be clearly and concisely

presented to the Court.

5 This is Appellant’s second 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 June 3, 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 June 3, 2025, the undersigned counsel also communicated with Mr.

Jim Dunnam, counsel for the remaining Appellees, regarding the substance

of this motion, and he graciously stated that he and his clients were not

opposed to the relief requested in this motion either.

PRAYER

For these reasons, Appellant respectfully requests that this Court grant

her motion and extend the time to file Appellant’s Brief to July 2, 2025.

Appellant’s Unopposed 2nd Motion for Extension of Time to File Brief Page 3 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

COUNSEL FOR APPELLANT

CERTIFICATE OF SERVICE

I hereby certify that on June 4, 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 2nd Motion for Extension of Time to File Brief Page 4 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: 101598566 Filing Code Description: Motion Filing Description: Appellant's 2nd Unopposed Mtn for Extension to File Brief Status as of 6/4/2025 10:36 AM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Kirk Pittard kpittard@dpslawgroup.com 6/4/2025 10:31:29 AM SENT

Angus McSwain 13861100 mcswain@thetexasfirm.com 6/4/2025 10:31:29 AM SENT

James Dunnam 6258010 jimdunnam@dunnamlaw.com 6/4/2025 10:31:29 AM SENT

Craig Cherry 24012419 ccherry@cjsjlaw.com 6/4/2025 10:31:29 AM SENT

Mark Firmin 24099614 firmin@thetexasfirm.com 6/4/2025 10:31:29 AM SENT

Jenn Haring jharing@cjsjlaw.com 6/4/2025 10:31:29 AM SENT

Scott James sjames@cjsjlaw.com 6/4/2025 10:31:29 AM SENT

Michala Quillen kquillen@cjsjlaw.com 6/4/2025 10:31:29 AM SENT

Ryan Johnson rjohnson@cjsjlaw.com 6/4/2025 10:31:29 AM SENT

Sarah Rowell rowell@thetexasfirm.com 6/4/2025 10:31:29 AM SENT

Ashley Snyder snyder@thetexasfirm.com 6/4/2025 10:31:29 AM SENT

Mason Dunnam masondunnam@dunnamlaw.com 6/4/2025 10:31:29 AM SENT

Andrea Mehta andreamehta@dunnamlaw.com 6/4/2025 10:31:29 AM SENT

Rick Thompson rthompson@dpslawgroup.com 6/4/2025 10:31:29 AM SENT

Kelly Blackburn efile@dpslawgroup.com 6/4/2025 10:31:29 AM SENT