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

Court of Appeals of Texas·Decided August 8, 2025·No. 15-25-00072-CV·Published

Opinion

ACCEPTED 15-25-00072-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 8/8/2025 9:58 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 8/8/2025 9:58:58 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’ Second 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 Second 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 August 15, 2025. Appellees

respectfully request that this Court grant an extension of the time for filing

Appellees’ Briefs for ten (10) days from the current deadline of August 15, 2025, to

a new deadline of August 25, 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, trial and appellate deadlines, as

well as having endured significant medical events (for persons responsible for this

case) which make the current due date for the Appellees’ Briefs unattainable.

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 ten day extension

of time in which to file their Joint Brief. This extension is not sought solely for the

purpose of delay, but is sought to enable counsel for Appellees to prepare an efficient

well-drafted Joint Brief with a clear presentation of the issues involved. 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

25, 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 August 8, 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 August 8, 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: 104135168 Filing Code Description: Motion Filing Description: Appellees' Second Joint Unopposed Motion for Extension of Time to File Brief Status as of 8/8/2025 10:06 AM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Kirk Pittard kpittard@dpslawgroup.com 8/8/2025 9:58:58 AM SENT

Angus McSwain 13861100 mcswain@thetexasfirm.com 8/8/2025 9:58:58 AM SENT

James Dunnam 6258010 jimdunnam@dunnamlaw.com 8/8/2025 9:58:58 AM SENT

Craig Cherry 24012419 ccherry@cjsjlaw.com 8/8/2025 9:58:58 AM SENT

Mark Firmin 24099614 firmin@thetexasfirm.com 8/8/2025 9:58:58 AM SENT

Jenn Haring jharing@cjsjlaw.com 8/8/2025 9:58:58 AM SENT

Scott James sjames@cjsjlaw.com 8/8/2025 9:58:58 AM SENT

Michala Quillen kquillen@cjsjlaw.com 8/8/2025 9:58:58 AM SENT

Ryan Johnson rjohnson@cjsjlaw.com 8/8/2025 9:58:58 AM SENT

Sarah Rowell rowell@thetexasfirm.com 8/8/2025 9:58:58 AM SENT

Ashley Snyder snyder@thetexasfirm.com 8/8/2025 9:58:58 AM SENT

Mason Dunnam masondunnam@dunnamlaw.com 8/8/2025 9:58:58 AM SENT

Rick Thompson rthompson@dpslawgroup.com 8/8/2025 9:58:58 AM SENT

Kelly Blackburn efile@dpslawgroup.com 8/8/2025 9:58:58 AM SENT

Kelli Bassett kbassett@cjsjlaw.com 8/8/2025 9:58:58 AM SENT

Andrea Mehta andreamehta@dunnamlaw.com 8/8/2025 9:58:58 AM SENT

Kiley Coats coats@thetexasfirm.com 8/8/2025 9:58:58 AM SENT

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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’ Second 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 Second 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 August 15, 2025. Appellees

respectfully request that this Court grant an extension of the time for filing

Appellees’ Briefs for ten (10) days from the current deadline of August 15, 2025, to

a new deadline of August 25, 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, trial and appellate deadlines, as

well as having endured significant medical events (for persons responsible for this

case) which make the current due date for the Appellees’ Briefs unattainable.

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 ten day extension

of time in which to file their Joint Brief. This extension is not sought solely for the

purpose of delay, but is sought to enable counsel for Appellees to prepare an efficient

well-drafted Joint Brief with a clear presentation of the issues involved. 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

25, 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

I certify that on August 8, 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 August 8, 2025.

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Kirk Pittard kpittard@dpslawgroup.com 8/8/2025 9:58:58 AM SENT

Angus McSwain 13861100 mcswain@thetexasfirm.com 8/8/2025 9:58:58 AM SENT

James Dunnam 6258010 jimdunnam@dunnamlaw.com 8/8/2025 9:58:58 AM SENT

Craig Cherry 24012419 ccherry@cjsjlaw.com 8/8/2025 9:58:58 AM SENT

Mark Firmin 24099614 firmin@thetexasfirm.com 8/8/2025 9:58:58 AM SENT

Jenn Haring jharing@cjsjlaw.com 8/8/2025 9:58:58 AM SENT

Scott James sjames@cjsjlaw.com 8/8/2025 9:58:58 AM SENT

Michala Quillen kquillen@cjsjlaw.com 8/8/2025 9:58:58 AM SENT

Ryan Johnson rjohnson@cjsjlaw.com 8/8/2025 9:58:58 AM SENT

Sarah Rowell rowell@thetexasfirm.com 8/8/2025 9:58:58 AM SENT

Ashley Snyder snyder@thetexasfirm.com 8/8/2025 9:58:58 AM SENT

Mason Dunnam masondunnam@dunnamlaw.com 8/8/2025 9:58:58 AM SENT

Rick Thompson rthompson@dpslawgroup.com 8/8/2025 9:58:58 AM SENT

Kelly Blackburn efile@dpslawgroup.com 8/8/2025 9:58:58 AM SENT

Kelli Bassett kbassett@cjsjlaw.com 8/8/2025 9:58:58 AM SENT

Andrea Mehta andreamehta@dunnamlaw.com 8/8/2025 9:58:58 AM SENT

Kiley Coats coats@thetexasfirm.com 8/8/2025 9:58:58 AM SENT

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, (Tex. Ct. App. 2025).

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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 (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) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.