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 7/11/2025 11:09 AM NO. 15-25-00072-CV CHRISTOPHER A. PRINE __________________________________________________________________ CLERK FILED IN IN THE COURT OF APPEALS 15th COURT OF APPEALS AUSTIN, TEXAS FOR THE FIFTEENTH DISTRICT OF TEXAS 7/11/2025 11:09:51 AM AUSTIN, TEXAS CHRISTOPHER A. PRINE __________________________________________________________________ Clerk

FRANCES SPANOS SHELTON, Appellant, v.

VERNON LEUSCHNER, ROBERT LEE SPANOS, CHRISTOPHER BLAKE SPANOS, KATHRYN NICOLE LAWRIE, AND KATHERINE LEUSCHNER, Appellees. __________________________________________________________________

Interlocutory Appeal from the 414th Judicial District Court, McLennan County, Texas, Cause No. 2024-3035-5, Hon. Ryan Luna, Presiding

Appellees’ Joint Unopposed Motion for Extension of Time to File Brief

TO THE HONORABLE COURT OF APPEALS:

COMES NOW, Vernon Leuschner (for and on behalf of Katherine

Leuschner), Robert Lee Spanos, Christopher Blake Spanos, Kathryn Nicole Lawrie,

and Katherine Leuschner, Appellees in the above-styled and numbered cause, and

file this Joint Unopposed Motion for Extension of Time to File Appellees’ Brief, and

respectfully shows the Court as follows:

I.

Appellees’ Briefs are currently due on July 16, 2025. Appellees respectfully request that this Court grant an extension of the time for filing Appellees’ Briefs for

thirty (30) days from the current deadline of July 16, 2025, to a new deadline of

August 15, 2025. Appellant is not opposed to this extension.

II.

This Cause is proceeding on an Interlocutory Appeal briefing schedule.

Appellants Brief was filed on June 26, 2025. Counsel (both sets) for Appellees had

(and have) hearings, office/practice time conflicts, as well as trial and appellate

deadlines which make the current due date for the Appellees’ Briefs unattainable,

for them. This is also partially the result of pre-planned summer vacation periods,

for periods after Appellants Brief was filed. Appellees desire to present the Court

with efficient, narrowly tailored, and specific Briefs that will materially aid the Court

in determining this cause, and the requested extension will facilitate that effort.

III.

For the reasons outlined above, Appellees jointly request a thirty day

extension of time in which to file their Briefs. This extension is not sought solely

for the purpose of delay, but is sought to enable counsel for Appellees to prepare a

well-drafted Brief with a clear presentation of the issues involved. No previous

extensions have been sought with respect to the filing of Appellees’ Briefs. IV.

Pursuant to the Texas Rules of Appellate Procedure, Appellees accordingly

respectfully request an extension of time for the filing of their Briefs until August

15, 2025.

WHEREFORE, PREMISES CONSIDERED, Appellees respectfully prays

that the Court grant Vernon Leuschner, (for and on behalf of Katherine Leuschner),

Robert Lee Spanos, Christopher Blake Spanos, and Kathryn Nicole Lawrie an

extension of time to file their Brief in this cause.

Respectfully submitted,

BEARD KULTGEN BROPHY BOSTWICK & DICKSON, PLLC

/s/ Andy McSwain Angus E. McSwain State Bar No. 13861100 Mark E. Firmin State Bar No. 24099614 Sameer Hashmi State Bar No. 24101877 220 South Fourth Street Waco, Texas 76701 Tel (254) 776-5500 Fax (254) 776-3591 mcswain@thetexasfirm.com firmin@thetexasfirm.com hashmi@thetexasfirm.com ATTORNEYS FOR APPELLEE VERNON LEUSCHNER (for and on behalf of KATHERINE LEUSCHNER) Jim Dunnam State Bar No. 06258010 jimdunnam@dunnamlaw.com Andrea Mehta State Bar No. 24078992 andreamehta@dunnamlaw.com Mason Vance Dunnam State Bar No. 24108079 masondunnam@dunnamlaw.com DUNNAM & DUNNAM LLP 4125 West Waco Drive Waco, Texas 76710 (254) 753-6437 (254) 753-7434 (fax) ATTORNEYS FOR APPELLEE ROBERT LEE SPANOS, CHRISTOPHER BLAKE SPANOS, AND KATHRYN NICOLE LAWRIE CERTIFICATE OF CONFERENCE

I certify that on July 10, 2025, I corresponded with counsel for Appellant, and they stated they were not opposed to this extension.

/s/ Andy McSwain Angus E. McSwain

CERTIFICATE OF SERVICE

I certify that a true and correct copy of this Motion for Extension of Time for Filing Appellee’s Brief has been served via the electronic filing system, on all counsel of record on July 11, 2025.

/s/ Andy McSwain Angus E. McSwain 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.

Kiley Coats on behalf of Andy McSwain Bar No. 13861100 coats@thetexasfirm.com Envelope ID: 103022346 Filing Code Description: Motion Filing Description: Appellees' Joint Unopposed Motion for Extension of Time to File Brief Status as of 7/11/2025 11:22 AM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Kirk Pittard kpittard@dpslawgroup.com 7/11/2025 11:09:51 AM SENT

Angus McSwain 13861100 mcswain@thetexasfirm.com 7/11/2025 11:09:51 AM SENT

James Dunnam 6258010 jimdunnam@dunnamlaw.com 7/11/2025 11:09:51 AM SENT

Craig Cherry 24012419 ccherry@cjsjlaw.com 7/11/2025 11:09:51 AM SENT

Mark Firmin 24099614 firmin@thetexasfirm.com 7/11/2025 11:09:51 AM SENT

Jenn Haring jharing@cjsjlaw.com 7/11/2025 11:09:51 AM SENT

Scott James sjames@cjsjlaw.com 7/11/2025 11:09:51 AM SENT

Michala Quillen kquillen@cjsjlaw.com 7/11/2025 11:09:51 AM SENT

Ryan Johnson rjohnson@cjsjlaw.com 7/11/2025 11:09:51 AM SENT

Sarah Rowell rowell@thetexasfirm.com 7/11/2025 11:09:51 AM SENT

Ashley Snyder snyder@thetexasfirm.com 7/11/2025 11:09:51 AM SENT

Mason Dunnam masondunnam@dunnamlaw.com 7/11/2025 11:09:51 AM SENT

Andrea Mehta andreamehta@dunnamlaw.com 7/11/2025 11:09:51 AM SENT

Rick Thompson rthompson@dpslawgroup.com 7/11/2025 11:09:51 AM SENT

Kelly Blackburn efile@dpslawgroup.com 7/11/2025 11:09:51 AM SENT

Kiley Coats coats@thetexasfirm.com 7/11/2025 11:09:51 AM SENT