in the Estate of Robert L. Wright

Opinion

ACCEPTED 14-14-00401-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 12/23/2015 11:34:58 AM CHRISTOPHER PRINE CLERK

NO. 14-14-00401-CV

IN THE ESTATE § IN THE FOURTEENTH FILED IN 14th COURT OF APPEALS § HOUSTON, TEXAS OF § COURT OF12/23/2015 APPEALS 11:34:58 AM § CHRISTOPHER A. PRINE Clerk ROBERT L. WRIGHT, DECEASED § HOUSTON, TEXAS

Appellant’s Motion to Extend Time to File Motion for En Banc Reconsideration

Pursuant to Texas Rules of Appellate Procedure 10.1(a), 10.5(b), and 49.8,

appellant Robert Russell Tautenhahn, individually and as Independent Executor of

the Estate of Robert L. Wright, requests a seven-day extension of time to file his

motion for rehearing en banc (the “motion”) on the grounds set forth below. As

indicated in the Certificate of Conference below, appellee Larry Stroman opposes this

motion.

Appellant’s motion is currently due by December 30, 2015. Appellant requests

a seven-day extension of this deadline to January 6, 2016. No previous extension of

time has been requested to file this motion.

The need for this extension is based on the following facts. This is an appeal

of a judgment from a bench trial in a probate case. There are over 400 pages of

Clerk’s Record and nearly 1200 pages of Reporter’s Record. Appellant’s request for

oral argument was denied, and the Majority and Dissenting Opinions, issued on

December 15, 2015, total 28 pages in length. The extension of time is needed to enable appellant’s counsel to adequately analyze the Court’s Opinions, the relevant

evidence, and applicable legal authorities, and to provide a concise explanation of

appellant’s grounds for rehearing. The extension is also requested due to the

intervening Christmas Holiday and resulting diminished work schedule.

Prayer

Based on the foregoing, appellant asks the Court to grant this motion for a

seven-day extension of time to file his motion for en banc reconsideration.

Respectfully submitted,

/s/ Richard H. Edelman Richard H. Edelman State Bar No. 06413200 rhe@edelmanoffice.com BARLOW JONES, L.L.P. 17225 El Camino Real, Suite 400 Houston, Texas 77058 Telephone: (281) 488-8440 Facsimile: (281) 488-6832

Barbara Epperson State Bar No. 24036527 eppersonlaw@comcast.net Gainey M. Johnson State Bar No. 24064105 EPPERSON LAW FIRM, P.C. Telephone: (281) 984-7300 Facsimile: (281) 984-7322

ATTORNEYS FOR APPELLANT

2 CERTIFICATE OF CONFERENCE

In accordance with Texas Rule of Appellate Procedure 10.1(a)(5), the undersigned counsel for appellant conferred with Veronica L. Davis, counsel for appellee, about the merits of this motion, and appellee opposes this motion.

/s/ Richard H. Edelman Richard H. Edelman

CERTIFICATE OF SERVICE

On December 23, 2015, this Motion was eServed on Veronica L. Davis, counsel of record for Leroy Stroman.

/s/ Richard H. Edelman Richard H. Edelman rhe@edelmanoffice.com