Helen A. Mzyk, Karnes S4 Minerals, L.P., and Karnes S4 Management, L.L.C. v. Murphy Exploration & Production Company-USA

Opinion

ACCEPTED 04-15-00677-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 12/4/2015 11:41:01 AM KEITH HOTTLE CLERK

NO. 04-15-00677-CV

*** FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS IN THE COURT OF APPEALS 12/4/2015 11:41:01 AM FOURTH DISTRICT OF TEXAS KEITH E. HOTTLE SAN ANTONIO, TEXAS Clerk

***

HELEN A. MZYK, KARNES S4 MINERALS, L.P., AND KARNES S4 MANAGEMENT, L.L.C.,

Appellants

V.

MURPHY EXPLORATION & PRODUCTION COMPANY—USA,

Appellee

APPELLANTS’ UNOPPOSED MOTION TO EXTEND DEADLINE FOR RESPONSE TO SHOW-CAUSE ORDER

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

Appellants, Helen A. Mzyk, Karnes S4 Minerals, L.P. and Karnes S4

Management, L.L.C. (“Mzyk”), respectfully present this Unopposed Motion to

Extend Deadline for Response to Show-Cause Order. Mzyk requests the Court to

extend their deadline for filing a response by 13 days, from December 17 to

December 30, 2015, for the following reasons: I.

On December 2, 2015, the Court issued its Order requiring Mzyk to show

cause why this appeal should not be dismissed for want of jurisdiction. The Court

ordered Mzyk to file their response to the show-cause order by December 17,

2015.

II.

I am lead appellate counsel for Mzyk. I will be solely responsible for

preparing Mzyk’s response to the show-cause order. However, I am currently out

of the county and will not return to the USA until December 21, 2015. [Please see

accompanying letter filed on August 31, 2015 in No. 04-14-00905-CV; Escondido

Resources II, LLC v. Justapor Ranch Company, L.C.].

III.

I believe I can explain, to the Court’s satisfaction, that all issues and parties

have been finally resolved in this case and, therefore, the Court has jurisdiction

over this appeal. Because I am out of the country, however, I lack access to much

of the research/support materials needed to prepare a response that will succinctly

address the jurisdictional issue raised by the Court. In addition, in the days

immediately following my return to the USA, we have the Christmas holidays and

I’ve already informed my one-person staff (office

manager/paralegal/secretary/proofreader) that she has off from December 22

2 through December 27, and she has made plans with her family. Consequently, she

will be largely unavailable to assist with the response to the Court’s show-cause

order until December 28, 2015.

IV.

This Motion is unopposed. I contacted counsel for Appellee who has

advised me that Appellee does not oppose this requested extension.

Prayer

Appellants, Helen A. Mzyk, Karnes S4 Minerals, L.P. and Karnes S4

Management, L.L.C., respectfully request the Court to grant this Motion in its

entirety; extend Appellants’ deadline for filing a response to the Court’s show-

cause order by 13 days, from December 17 to December 30, 2015; and award them

such other and further relief to which they are just entitled.

Respectfully submitted,

David P. Strolle, Jr. State Bar No. 19408700 Granstaff, Gaedke & Edgmon, P.C. 5535 Fredericksburg Road, Suite 110 San Antonio, Texas 78229 Telephone: (210) 348-6600, Ext. 203 Facsimile: (210) 366-0892 Email: dstrolle@caglaw.net

Timothy Patton, P.C. 14546 Brook Hollow Blvd. #279 San Antonio, Texas 78232 Telephone: (210) 832-0070 Facsimile: (210) 579-1665

3 Email: tpatton@tp-pc.com

By: /s/ Timothy Patton Timothy Patton State Bar No. 15633800

ATTORNEYS FOR APPELLANTS

Certificate of Service

I hereby certify that on December 4, 2015, I electronically filed the foregoing Appellants’ Unopposed Motion to Extend Deadline for Response to Show-Cause Order with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following counsel of record for Appellee, Murphy Exploration & Production Company—USA: Baker Botts LLP One Shell Plaza 910 Louisiana Houston, Texas 77002-4995 Telephone: (713) 229-1720 Facsimile: (713) 229-1721 Email: Macey.Stokes@bakerbotts.com Email: jason.newman@bakerbotts.com Email: justin.lipe@bakerbotts.com Email: meghan.mcelvy@bakerbotts.com

/s/ Timothy Patton Timothy Patton

4 ACCEPTED 04-14-00905-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 8/31/2015 1:57:06 PM KEITH HOTTLE Timothy Patton, P.C. CLERK ATTORNEY AT LAW

14546 BROOK HOLLOW #279 Board Certified SAN ANTONIO, TEXAS 78232 Civil Appellate Law TELEPHONE: (210) 832-0070 August 31, 2015 Texas Board of FACSIMILE: (210) 579-1665 Legal Specialization

Via E-File

Mr. Keith E. Hottle Clerk, Fourth Court of Appeals 300 Dolorosa, Suite 3200 San Antonio, Texas 78205

Re: No. 04-14-00905-CV Escondido Resources II, LLC v. Justapor Ranch Company, L.C.

Dear Mr. Hottle:

I am lead appellate counsel for the Appellee, Justapor Ranch Company, L.C., in the above-referenced appeal.

According to the Court’s online records, this appeal is ready to be set for submission.

I would appreciate it if you would advise the Court that I will be out of the country from November 13 through December 21, 2015. This is a long-planned trip involving principally business matters (where I don’t control scheduling) and some vacation. I cannot cancel this trip without risking potentially adverse business consequences and incurring significant financial penalties.

If the Court determines that this appeal is appropriate for oral submission, I would very much appreciate oral argument not being scheduled during the above dates or immediately after the return date.

Thank you for your assistance.

/s/ Timothy Patton Timothy Patton State Bar No. 15633800 tpatton@tp-pc.com Mr. Keith E. Hottle. Page 2 August 31, 2015

cc: Mr. James P. Keenan (via e-service) cc: Mr. J. Robin Lindley (via e-service) cc: Mr. Robert Dubose (via e-service) cc: Mr. Wallace B. Jefferson (via e-service) cc: Ms. Rachel A. Ekery (via e-service) cc: Ms. Kirsten Castaneda (via e-service)