ACCEPTED 15-25-00152-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 10/9/2025 4:53 PM No. 15-25-00152-CV CHRISTOPHER A. PRINE CLERK FILED IN IN THE COURT OF APPEALS 15th COURT OF APPEALS FOR THE FIFTEENTH DISTRICT AUSTIN, TEXAS 10/9/2025 4:53:52 PM AT AUSTIN CHRISTOPHER A. PRINE Clerk
IN RE FRANCES SPANOS SHELTON, Relator.
On Mandamus from the 414th District Court of McLennan County, Texas, Cause No. 2024-3035-5
RELATOR’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO MOTION TO STAY THE PETITION FOR WRIT OF MANDAMUS
Relator Frances Spanos Shelton files this unopposed motion for
extension of time to file her Response to Real Party in Interest’s Vernon
Leuschner, as Durable Power of Attorney for Katherine Leuschner, Motion
to stay the Petition for Writ of Mandamus requesting an additional 21 days—
i.e., until November 10, 2025—and would respectfully show the Court as
follows:
1. Real Party in Interest’s Motion was filed October 8, 2025.
2. Relator’s response is currently due October 20, 2025.
3. Relator respectfully requests a 21-day extension of time to file
her brief, moving the deadline to November 10, 2025.
1 4. The undersigned counsel seeks this extension due to his existing
heavy workload and briefing deadlines, including but not limited to, the
following:
A. Petitioners’ Reply Brief on the Merits in Cause No. 24-1034; Debra Morris, Individually, and as Representative of the Estate of Kenneth W. Morris, et al., v. Old Republic Insurance Company, in the Texas Supreme Court. The brief is due October 31, 2025.
B. Petition for Review in Cause No. 04-25-00052-CV; In re Jordyn Ellis, in the Fourth District Court of Appeals, San Antonio, Texas. The petition is due November 7, 2025.
Counsel Rick Thompson is currently out of the country on vacation and
provided this Court notice of the vacation on June 24, 2025. Since Mr.
Thompson is the lead attorney handling the appeal and briefing, he requests
an additional twenty-one days to review the motion and analyze the issues
to be addressed so that they may be clearly and concisely presented to this
Court.
5 This is Relator’s first request for an extension of time to file her
response.
6. This request is not being filed solely for the purposes of delay,
but in order that justice may be served. PRAYER
For these reasons, Relator respectfully requests that this Court grant
her motion and extend the time to file Relator’s response to November 10,
2025.
Respectfully submitted,
By: /s/Kirk Pittard Kirk L. Pittard State Bar No. 24010313 Rick Thompson State Bar No. 00788537 rthompson@dpslawgroup.com DURHAM, PITTARD & SPALDING, LLP P.O. Box 224626 Dallas, Texas 75222 (214) 946-8000 (214) 946-8433 (fax)
Craig D. Cherry State Bar No. 24012419 ccherry@cjsjlaw.com Ryan C. Johnson State Bar No. 24048574 rjohnson@cjsjlaw.com Scott H. James State Bar No. 24037848 sjames@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 RELATOR CERTIFICATE OF CONFERENCE
On October 9, 2025, the undersigned counsel communicated with Mr. Andy McSwain, counsel for Real Party in Interest 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.
/s/ Kirk Pittard Kirk Pittard CERTIFICATE OF SERVICE
I hereby certify that on October 9, 2025, a true and correct copy of the foregoing Unopposed Motion for Extension 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 Real Parties Robert Attorneys for Real Party Vernon Spanos, Chrisopher Spanos, and Leuschner Nicole Spanos
The Honorable Judge Ryan Luna Aubrey R. Williams 414th Judicial District Court Law Office of Aubrey R. Williams 501 Washington Avenue P.O. Box 20156 Suite 307 Waco, Texas 76702 Waco, Texas 76701 aubreyw9000@yahoo.com 414th@mclennan.gov Appointed Receiver Respondent
/s/ Kirk Pittard Kirk Pittard No. 15-25-______-CV
IN THE COURT OF APPEALS FOR THE FIFTEENTH DISTRICT AT HOUSTON
IN RE FRANCES SPANOS SHELTON, Relator.
On Mandamus Relief from the 414th District Court of McLennan County, Texas, Cause No. 2024-3035-5
APPENDIX IN SUPPORT OF PETITION FOR WRIT OF MANDAMUS
Tab Document
A March 31, 2025, Order Appointing Receiver
B The Dorothy Spanos Living Trust
C The First Amendment to The Dorothy Spanos Living Trust
D Application for Appointment of Temporary Administrator and of a Trust Advisor E March 8, 2022, Order Appointing Temporary Administrator and Trust Advisor and Authorizing Issuance of Letters of Administration F May 18, 2022, Agreed Order Approving the Discharge of Temporary Administrator and Termination of Temporary Administration G September 1, 2022, Agreed Order to Extend the Appointment of the Trust Advisor of the Dorothy Spanos Living Trust H Judge Stem’s May 3, 2023, Letter Removing Frances Shelton as Trustee of the Dorothy Spanos Trust Tab Document
I Plaintiff’s Verified Original Petition and Request for Temporary Restraining Order, Temporary Injunction, and Permanent Injunction J John Malone February 24, 2025, Letter to Judge Stem Resigning as Trustee K Motion to Appoint Receiver and Robert Lee Spanos, Christopher Blake Spanos and Kathryn Nicole Lawrie’s Joinder to Motion to Appoint Receiver L March 4, 2025, Hearing Transcript on Motion to Appoint Receiver and Motion to Re-Affirm and/or Designate Trustee of the Dorothy Spanos Living Trust M Ms. Leuschner’s Application to Probate Ms. Spanos’s Will and for Appointment of Temporary Administrator 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 Kirk Pittard Bar No. 24010313 efile@dpslawgroup.com Envelope ID: 106676378 Filing Code Description: Motion Filing Description: Relator's Unopposed Mtn for Extension to File Resp to Mtn to Stay PWM Status as of 10/9/2025 5:03 PM CST
Associated Case Party: FrancesSpanosShelton
Name BarNumber Email TimestampSubmitted Status
Kirk Pittard kpittard@dpslawgroup.com 10/9/2025 4:53:52 PM SENT
Craig Cherry 24012419 ccherry@cjsjlaw.com 10/9/2025 4:53:52 PM SENT
Ryan Johnson 24048574 rjohnson@cjsjlaw.com 10/9/2025 4:53:52 PM SENT
Scott James 24037848 sjames@cjsjlaw.com 10/9/2025 4:53:52 PM SENT
Rick Thompson rthompson@dpslawgroup.com 10/9/2025 4:53:52 PM SENT
Kelly Blackburn efile@dpslawgroup.com 10/9/2025 4:53:52 PM SENT
Michala Quillen 24133047 kquillen@cjsjlaw.com 10/9/2025 4:53:52 PM SENT
Associated Case Party: Vernon Leuschner
Name BarNumber Email TimestampSubmitted Status
Sarah Rowell Rowell@thetexasfirm.com 10/9/2025 4:53:52 PM SENT
Ashley Snyder Snyder@thetexasfirm.com 10/9/2025 4:53:52 PM SENT
Angus McSwain 13861100 mcswain@thetexasfirm.com 10/9/2025 4:53:52 PM SENT
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ACCEPTED 15-25-00152-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 10/9/2025 4:53 PM No. 15-25-00152-CV CHRISTOPHER A. PRINE CLERK FILED IN IN THE COURT OF APPEALS 15th COURT OF APPEALS FOR THE FIFTEENTH DISTRICT AUSTIN, TEXAS 10/9/2025 4:53:52 PM AT AUSTIN CHRISTOPHER A. PRINE Clerk
IN RE FRANCES SPANOS SHELTON, Relator.
On Mandamus from the 414th District Court of McLennan County, Texas, Cause No. 2024-3035-5
RELATOR’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO MOTION TO STAY THE PETITION FOR WRIT OF MANDAMUS
Relator Frances Spanos Shelton files this unopposed motion for
extension of time to file her Response to Real Party in Interest’s Vernon
Leuschner, as Durable Power of Attorney for Katherine Leuschner, Motion
to stay the Petition for Writ of Mandamus requesting an additional 21 days—
i.e., until November 10, 2025—and would respectfully show the Court as
follows:
1. Real Party in Interest’s Motion was filed October 8, 2025.
2. Relator’s response is currently due October 20, 2025.
3. Relator respectfully requests a 21-day extension of time to file
her brief, moving the deadline to November 10, 2025.
1 4. The undersigned counsel seeks this extension due to his existing
heavy workload and briefing deadlines, including but not limited to, the
following:
A. Petitioners’ Reply Brief on the Merits in Cause No. 24-1034; Debra Morris, Individually, and as Representative of the Estate of Kenneth W. Morris, et al., v. Old Republic Insurance Company, in the Texas Supreme Court. The brief is due October 31, 2025.
B. Petition for Review in Cause No. 04-25-00052-CV; In re Jordyn Ellis, in the Fourth District Court of Appeals, San Antonio, Texas. The petition is due November 7, 2025.
Counsel Rick Thompson is currently out of the country on vacation and
provided this Court notice of the vacation on June 24, 2025. Since Mr.
Thompson is the lead attorney handling the appeal and briefing, he requests
an additional twenty-one days to review the motion and analyze the issues
to be addressed so that they may be clearly and concisely presented to this
Court.
5 This is Relator’s first request for an extension of time to file her
response.
6. This request is not being filed solely for the purposes of delay,
but in order that justice may be served. PRAYER
For these reasons, Relator respectfully requests that this Court grant
her motion and extend the time to file Relator’s response to November 10,
2025.
Respectfully submitted,
By: /s/Kirk Pittard Kirk L. Pittard State Bar No. 24010313 Rick Thompson State Bar No. 00788537 rthompson@dpslawgroup.com DURHAM, PITTARD & SPALDING, LLP P.O. Box 224626 Dallas, Texas 75222 (214) 946-8000 (214) 946-8433 (fax)
Craig D. Cherry State Bar No. 24012419 ccherry@cjsjlaw.com Ryan C. Johnson State Bar No. 24048574 rjohnson@cjsjlaw.com Scott H. James State Bar No. 24037848 sjames@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 RELATOR CERTIFICATE OF CONFERENCE
On October 9, 2025, the undersigned counsel communicated with Mr. Andy McSwain, counsel for Real Party in Interest 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.
/s/ Kirk Pittard Kirk Pittard CERTIFICATE OF SERVICE
I hereby certify that on October 9, 2025, a true and correct copy of the foregoing Unopposed Motion for Extension 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 Real Parties Robert Attorneys for Real Party Vernon Spanos, Chrisopher Spanos, and Leuschner Nicole Spanos
The Honorable Judge Ryan Luna Aubrey R. Williams 414th Judicial District Court Law Office of Aubrey R. Williams 501 Washington Avenue P.O. Box 20156 Suite 307 Waco, Texas 76702 Waco, Texas 76701 aubreyw9000@yahoo.com 414th@mclennan.gov Appointed Receiver Respondent
/s/ Kirk Pittard Kirk Pittard No. 15-25-______-CV
IN THE COURT OF APPEALS FOR THE FIFTEENTH DISTRICT AT HOUSTON
IN RE FRANCES SPANOS SHELTON, Relator.
On Mandamus Relief from the 414th District Court of McLennan County, Texas, Cause No. 2024-3035-5
APPENDIX IN SUPPORT OF PETITION FOR WRIT OF MANDAMUS
Tab Document
A March 31, 2025, Order Appointing Receiver
B The Dorothy Spanos Living Trust
C The First Amendment to The Dorothy Spanos Living Trust
D Application for Appointment of Temporary Administrator and of a Trust Advisor E March 8, 2022, Order Appointing Temporary Administrator and Trust Advisor and Authorizing Issuance of Letters of Administration F May 18, 2022, Agreed Order Approving the Discharge of Temporary Administrator and Termination of Temporary Administration G September 1, 2022, Agreed Order to Extend the Appointment of the Trust Advisor of the Dorothy Spanos Living Trust H Judge Stem’s May 3, 2023, Letter Removing Frances Shelton as Trustee of the Dorothy Spanos Trust Tab Document
I Plaintiff’s Verified Original Petition and Request for Temporary Restraining Order, Temporary Injunction, and Permanent Injunction J John Malone February 24, 2025, Letter to Judge Stem Resigning as Trustee K Motion to Appoint Receiver and Robert Lee Spanos, Christopher Blake Spanos and Kathryn Nicole Lawrie’s Joinder to Motion to Appoint Receiver L March 4, 2025, Hearing Transcript on Motion to Appoint Receiver and Motion to Re-Affirm and/or Designate Trustee of the Dorothy Spanos Living Trust M Ms. Leuschner’s Application to Probate Ms. Spanos’s Will and for Appointment of Temporary Administrator 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 Kirk Pittard Bar No. 24010313 efile@dpslawgroup.com Envelope ID: 106676378 Filing Code Description: Motion Filing Description: Relator's Unopposed Mtn for Extension to File Resp to Mtn to Stay PWM Status as of 10/9/2025 5:03 PM CST
Associated Case Party: FrancesSpanosShelton
Name BarNumber Email TimestampSubmitted Status
Kirk Pittard kpittard@dpslawgroup.com 10/9/2025 4:53:52 PM SENT
Craig Cherry 24012419 ccherry@cjsjlaw.com 10/9/2025 4:53:52 PM SENT
Ryan Johnson 24048574 rjohnson@cjsjlaw.com 10/9/2025 4:53:52 PM SENT
Scott James 24037848 sjames@cjsjlaw.com 10/9/2025 4:53:52 PM SENT
Rick Thompson rthompson@dpslawgroup.com 10/9/2025 4:53:52 PM SENT
Kelly Blackburn efile@dpslawgroup.com 10/9/2025 4:53:52 PM SENT
Michala Quillen 24133047 kquillen@cjsjlaw.com 10/9/2025 4:53:52 PM SENT
Associated Case Party: Vernon Leuschner
Name BarNumber Email TimestampSubmitted Status
Sarah Rowell Rowell@thetexasfirm.com 10/9/2025 4:53:52 PM SENT
Ashley Snyder Snyder@thetexasfirm.com 10/9/2025 4:53:52 PM SENT
Angus McSwain 13861100 mcswain@thetexasfirm.com 10/9/2025 4:53:52 PM SENT
Mark Firmin 24099614 firmin@thetexasfirm.com 10/9/2025 4:53:52 PM SENT
Kiley Coats coats@thetexasfirm.com 10/9/2025 4:53:52 PM SENT
Sameer AHashmi hashmi@thetexasfirm.com 10/9/2025 4:53:52 PM SENT
Associated Case Party: Robert Spanos
Name BarNumber Email TimestampSubmitted Status
Andrea Mehta 24078992 andreamehta@dunnamlaw.com 10/9/2025 4:53:52 PM SENT
James Dunnam 6258010 jimdunnam@dunnamlaw.com 10/9/2025 4:53:52 PM SENT 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 Kirk Pittard Bar No. 24010313 efile@dpslawgroup.com Envelope ID: 106676378 Filing Code Description: Motion Filing Description: Relator's Unopposed Mtn for Extension to File Resp to Mtn to Stay PWM Status as of 10/9/2025 5:03 PM CST
Associated Case Party: Robert Spanos
James Dunnam 6258010 jimdunnam@dunnamlaw.com 10/9/2025 4:53:52 PM SENT
Mason Dunnam 24108079 masondunnam@dunnamlaw.com 10/9/2025 4:53:52 PM SENT
Associated Case Party: Hon. Judge Ryan Luna
Name BarNumber Email TimestampSubmitted Status
Hon. Judge Ryan Luna 414th@mclennan.gov 10/9/2025 4:53:52 PM SENT
Associated Case Party: Aubrey Williams
Name BarNumber Email TimestampSubmitted Status
Aubrey Williams 21512500 aubreyw9000@yahoo.com 10/9/2025 4:53:52 PM SENT