in Re Bobby Wayne McKissack, Individually and as Co-Agent and Attorney in Fact for Joe Ann McKissack and Bobby Wilson McKissack And Eric McKissack, Individually and as Co-Agent and Attorney in Fact for Joe Ann McKissack and Bobby Wilson McKissack

Court of Appeals of Texas

in Re Bobby Wayne McKissack, Individually and as Co-Agent and Attorney in Fact for Joe Ann McKissack and Bobby Wilson McKissack And Eric McKissack, Individually and as Co-Agent and Attorney in Fact for Joe Ann McKissack and Bobby Wilson McKissack

Court of Appeals of Texas·Decided January 2, 2018·No. 03-17-00756-CV·Published

Opinion

ACCEPTED

03-17-00756-CV

21551913

THIRD COURT OF APPEALS

AUSTIN, TEXAS 1/2/2018 1:08 PM JEFFREY D. KYLE

No. 03-17-00756-CV CLERK

IN THE COURT OF APPEALS FOR THE THIRD FILED IN 3rd COURT OF APPEALS

DISTRICT OF TEXAS AUSTIN, TEXAS

1/2/2018 1:08:32 PM JEFFREY D. KYLE

IN RE BOBBY WAYNE MCKISSACK, INDIVIDUALLY ANDClerk AS

CO-AGENT AND ATTORNEY IN FACT FOR JOE ANN MCKISSACK AND BOBBY WILSON MCKISSACK, AND ERIC MCKISSACK, INDIVIDUALLY AND AS CO-AGENT AND ATTORNEY IN FACT FOR JOE ANN MCKISSACK AND BOBBY WILSON MCKISSACK, Relators

Mandamus Originating From 274 District Court, Comal County, Texas Cause No. C2017-1496C

Honorable Gary L. Steel, District Judge Presiding

AMENDED REAL PARTY IN INTEREST’S MOTION TO EXTEND TIME TO FILE RESPONSE

JONES SULLIVAN PLLC

By Charles Sullivan Texas Bar No. 24049421 308 Campbell Drive Canyon Lake, Texas 78133 (830) 899-3259 Phone (210) 579-6448 Fax csullivan@jonessullivan.com Attorney for Real Party in Interest

REAL PARTY IN INTEREST’S MOTION TO EXTEND TIME

TO FILE RESPONSE

TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes Stephen Miller McKissack, Real Party in Interest, in the above

styled and numbered cause, and moves this Court to grant an extension of time to

file response to Relators’ Petition for Writ of Mandamus, and for good cause

shows the following:

1. Relators filed a Petition for Writ of Mandamus on November 14,

2017.

2. The case below was styled the STEPHEN MILLER MCKISSACK v ,

BOBBY WAYNE MCKISSACK, INDIVIDUALLY AND AS CO-AGENT AND

ATTORNEY IN FACT FOR JOE ANN MCKISSACK AND BOBBY WAYNE

MCKISSACK, AND ERIC MCKISSACK, INDIVIDUALLY AND AS CO-

AGENT AND ATTORNEY IN FACT FOR JOE ANNE MCKISSACK AND

BOBBY WAYNE MCKISSACK and numbered C2017-1496C.

3. Relator has filed a Petition for Mandamus arguing that Respondent

abused his discretion and improperly granted Real Party in Interest’s Application

for Temporary Restraining Order and Anti-Suit Injunction on October 18, 2017.

4. Realtor filed their Petition on November 14, 2017.

No. 03-17-00756-CV, In Re Bobby Wayne McKissack, et. al., Real Party in Interest Motion to Extend Time to File Response 5. The Court requested a response be filed by Real Party in Interest by

December 1, 2017.

6. Relator did E-File their Petition with the Court pursuant to Tex. R. App. P.

9.2(c)(1), however, Relator did NOT electronically serve a copy upon counsel for

Real Party in Interest as required by Tex. R. App. P. 9.5(b)(1). Counsel for Real

Party in Interest’s email address is on file with the electronic filing manager.

Failure to electronically serve counsel contributed to this late motion and response.

7. If a document is untimely due to a technical failure or a system

outage, the filing party may seek appropriate relief from the court. Tex. R. App. P.

9.2(c)(5).

8. Real Party in Interest requests an extension of time of 45 days from

the original due date, being 18 days from the present date, id est, January 15, 2017.

9. Real Party in Interest has not previously requested any extension of

time.

10. This Motion is not made for not made for purposes of delay, but so

that justice may be done, and is accompanied by an Affidavit attached hereto and

incorporated by reference.

WHEREFORE, PREMISES CONSIDERED, Real Party in Interest prays

that this Court grant this Real Party in Interest Motion to Extend Time to File

No. 03-17-00756-CV, In Re Bobby Wayne McKissack, et. al., Real Party in Interest Motion to Extend Time to File Response

Response, and for such other and further relief as the Court may deem appropriate.

Respectfully submitted,

Charles W. Sullivan Texas Bar No. 24049421 JONES SULLIVAN PLLC 308 Campbell Drive Canyon Lake, TX 78133 (830) 899-3259 Phone (210) 579-6448 Fax csullivan@jonessullivan.com

CERTIFICATE OF CONFERENCE

As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I have conferred, or made a reasonable attempt to confer, with all other parties which are listed below about the merits of this motion with the following results:

Robert B. Wagstaff McMahon Surovik Suttle, P.C. P.O. Box 3679 Abilene, TX 79604 (325) 676-9183 Telephone (325) 676-8836 Facsimile rwagstaff@mcmahonlawtx.com Attorney for Relator

Attorney for Relator does not oppose Real Party in Interest’s motion.

No. 03-17-00756-CV, In Re Bobby Wayne McKissack, et. al., Real Party in Interest Motion to Extend Time to File Response

Pursuant to Texas Code of Judicial Conduct Canon 3(B)(8), I have not conferred with the Respondent trial judge.

Charles Sullivan

January 2, 2017

CERTIFICATE OF SERVICE

I, Charles Sullivan, attorney for Stephen Miller McKissack, Real Party in Interest, hereby certify that a true and correct copy of this Motion has been delivered to those attorney’s of record listed below in this matter:

Robert B. Wagstaff McMahon Surovik Suttle, P.C. P.O. Box 3679 Abilene, TX 79604 (325) 676-9183 Telephone (325) 676-8836 Facsimile rwagstaff@mcmahonlawtx.com Attorney for Relator

By electronically sending it through efile.txcourts.gov service, this 2nd of December, 2017.

No. 03-17-00756-CV, In Re Bobby Wayne McKissack, et. al., Real Party in Interest Motion to Extend Time to File Response

The Honorable Gary L. Steel Judge, 274 th District Court of Comal County Comal County Courthouse 150 N. Seguin Ave. New Braunfels, TX 78130 (830) 221-1270 Telephone (830) 608-2030 Facsimile

By sending via facsimile, on the 29th day of December, 2017.

Charles Sullivan

No. 03-17-00756-CV, In Re Bobby Wayne McKissack, et. al., Real Party in Interest Motion to Extend Time to File Response

Free access — add to your briefcase to read the full text and ask questions with AI

ACCEPTED

03-17-00756-CV

21551913

THIRD COURT OF APPEALS

AUSTIN, TEXAS 1/2/2018 1:08 PM JEFFREY D. KYLE

No. 03-17-00756-CV CLERK

IN THE COURT OF APPEALS FOR THE THIRD FILED IN 3rd COURT OF APPEALS

DISTRICT OF TEXAS AUSTIN, TEXAS

1/2/2018 1:08:32 PM JEFFREY D. KYLE

IN RE BOBBY WAYNE MCKISSACK, INDIVIDUALLY ANDClerk AS

CO-AGENT AND ATTORNEY IN FACT FOR JOE ANN MCKISSACK AND BOBBY WILSON MCKISSACK, AND ERIC MCKISSACK, INDIVIDUALLY AND AS CO-AGENT AND ATTORNEY IN FACT FOR JOE ANN MCKISSACK AND BOBBY WILSON MCKISSACK, Relators

Mandamus Originating From 274 District Court, Comal County, Texas Cause No. C2017-1496C

Honorable Gary L. Steel, District Judge Presiding

AMENDED REAL PARTY IN INTEREST’S MOTION TO EXTEND TIME TO FILE RESPONSE

JONES SULLIVAN PLLC

By Charles Sullivan Texas Bar No. 24049421 308 Campbell Drive Canyon Lake, Texas 78133 (830) 899-3259 Phone (210) 579-6448 Fax csullivan@jonessullivan.com Attorney for Real Party in Interest

REAL PARTY IN INTEREST’S MOTION TO EXTEND TIME

TO FILE RESPONSE

TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes Stephen Miller McKissack, Real Party in Interest, in the above

styled and numbered cause, and moves this Court to grant an extension of time to

file response to Relators’ Petition for Writ of Mandamus, and for good cause

shows the following:

1. Relators filed a Petition for Writ of Mandamus on November 14,

2017.

2. The case below was styled the STEPHEN MILLER MCKISSACK v ,

BOBBY WAYNE MCKISSACK, INDIVIDUALLY AND AS CO-AGENT AND

ATTORNEY IN FACT FOR JOE ANN MCKISSACK AND BOBBY WAYNE

MCKISSACK, AND ERIC MCKISSACK, INDIVIDUALLY AND AS CO-

AGENT AND ATTORNEY IN FACT FOR JOE ANNE MCKISSACK AND

BOBBY WAYNE MCKISSACK and numbered C2017-1496C.

3. Relator has filed a Petition for Mandamus arguing that Respondent

abused his discretion and improperly granted Real Party in Interest’s Application

for Temporary Restraining Order and Anti-Suit Injunction on October 18, 2017.

4. Realtor filed their Petition on November 14, 2017.

No. 03-17-00756-CV, In Re Bobby Wayne McKissack, et. al., Real Party in Interest Motion to Extend Time to File Response 5. The Court requested a response be filed by Real Party in Interest by

December 1, 2017.

6. Relator did E-File their Petition with the Court pursuant to Tex. R. App. P.

9.2(c)(1), however, Relator did NOT electronically serve a copy upon counsel for

Real Party in Interest as required by Tex. R. App. P. 9.5(b)(1). Counsel for Real

Party in Interest’s email address is on file with the electronic filing manager.

Failure to electronically serve counsel contributed to this late motion and response.

7. If a document is untimely due to a technical failure or a system

outage, the filing party may seek appropriate relief from the court. Tex. R. App. P.

9.2(c)(5).

8. Real Party in Interest requests an extension of time of 45 days from

the original due date, being 18 days from the present date, id est, January 15, 2017.

9. Real Party in Interest has not previously requested any extension of

time.

10. This Motion is not made for not made for purposes of delay, but so

that justice may be done, and is accompanied by an Affidavit attached hereto and

incorporated by reference.

WHEREFORE, PREMISES CONSIDERED, Real Party in Interest prays

that this Court grant this Real Party in Interest Motion to Extend Time to File

No. 03-17-00756-CV, In Re Bobby Wayne McKissack, et. al., Real Party in Interest Motion to Extend Time to File Response

Response, and for such other and further relief as the Court may deem appropriate.

Respectfully submitted,

Charles W. Sullivan Texas Bar No. 24049421 JONES SULLIVAN PLLC 308 Campbell Drive Canyon Lake, TX 78133 (830) 899-3259 Phone (210) 579-6448 Fax csullivan@jonessullivan.com

CERTIFICATE OF CONFERENCE

As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I have conferred, or made a reasonable attempt to confer, with all other parties which are listed below about the merits of this motion with the following results:

Robert B. Wagstaff McMahon Surovik Suttle, P.C. P.O. Box 3679 Abilene, TX 79604 (325) 676-9183 Telephone (325) 676-8836 Facsimile rwagstaff@mcmahonlawtx.com Attorney for Relator

Attorney for Relator does not oppose Real Party in Interest’s motion.

No. 03-17-00756-CV, In Re Bobby Wayne McKissack, et. al., Real Party in Interest Motion to Extend Time to File Response

Pursuant to Texas Code of Judicial Conduct Canon 3(B)(8), I have not conferred with the Respondent trial judge.

Charles Sullivan

January 2, 2017

CERTIFICATE OF SERVICE

I, Charles Sullivan, attorney for Stephen Miller McKissack, Real Party in Interest, hereby certify that a true and correct copy of this Motion has been delivered to those attorney’s of record listed below in this matter:

Robert B. Wagstaff McMahon Surovik Suttle, P.C. P.O. Box 3679 Abilene, TX 79604 (325) 676-9183 Telephone (325) 676-8836 Facsimile rwagstaff@mcmahonlawtx.com Attorney for Relator

By electronically sending it through efile.txcourts.gov service, this 2nd of December, 2017.

No. 03-17-00756-CV, In Re Bobby Wayne McKissack, et. al., Real Party in Interest Motion to Extend Time to File Response

The Honorable Gary L. Steel Judge, 274 th District Court of Comal County Comal County Courthouse 150 N. Seguin Ave. New Braunfels, TX 78130 (830) 221-1270 Telephone (830) 608-2030 Facsimile

By sending via facsimile, on the 29th day of December, 2017.

Charles Sullivan

No. 03-17-00756-CV, In Re Bobby Wayne McKissack, et. al., Real Party in Interest Motion to Extend Time to File Response

in Re Bobby Wayne McKissack, Individually and as Co-Agent and Attorney in Fact for Joe Ann McKissack and Bobby Wilson McKissack And Eric McKissack, Individually and as Co-Agent and Attorney in Fact for Joe Ann McKissack and Bobby Wilson McKissack, (Tex. Ct. App. 2018).

Pincite

in Re Bobby Wayne McKissack, Individually and as Co-Agent and Attorney in Fact for Joe Ann McKissack and Bobby Wilson McKissack And Eric McKissack, Individually and as Co-Agent and Attorney in Fact for Joe Ann McKissack and Bobby Wilson McKissack (in Re Bobby Wayne McKissack, Individually and as Co-Agent and Attorney in Fact for Joe Ann McKissack and Bobby Wilson McKissack And Eric McKissack, Individually and as Co-Agent and Attorney in Fact for Joe Ann McKissack and Bobby Wilson McKissack) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.