John A. Lance, Debra L. Lance, F.D. Franks and Helen Franks v. Judith and Terry Robinson, Gary and Brenda Fest, Virginia Gray and Butch Townsend

• Court: Court of Appeals of Texas
• Decided: February 5, 2015
• Docket: 04-14-00758-CV
• Status: Published

Opinion

ACCEPTED 04-14-00758-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 2/5/2015 8:17:50 AM KEITH HOTTLE CLERK

NO. 04-14-00758-CV

FILED IN IN THE COURT OF APPEALS 4th COURT OF APPEALS SAN ANTONIO, TEXAS FOURTH COURT OF APPEALS DISTRICT OF TEXAS SAN ANTONIO, TEXAS 02/5/2015 8:17:50 AM KEITH E. HOTTLE Clerk

JOHN A. LANCE, DEBRA L. LANCE, F.D. FRANKS AND HELEN FRANKS

APPELLANTS

V.

JUDITH AND TERRY ROBINSON, GARY AND BRENDA FEST, VIRGINIA GRAY, BUTCH TOWNSEND AND BEXAR-MEDINA-ATASCOSA COUNTIES WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1

APPELLEES

APPELLANTS’ UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ BRIEF

TO THE HONORABLE JUSTICES OF THE COURT:

JOHN A LANCE, DEBRA L. LANCE, F.D. FRANKS and HELEN

FRANKS, Appellants, submit their First Unopposed Motion for Extension of Time

to File Appellants’ Brief and in support of this motion state as follows:

1. Appellants’ Brief is due February 5, 2015.

2. This motion is filed prior to the expiration of this due date. 3. The undersigned has conferred with the attorneys for Appellees and

this motion is unopposed.

4. Appellants request an additional thirty (30) days to file their

Appellants’ Brief, extending the time to March 9, 2015 (the first business day

following the expiration of 30 days).

5. No extension has previously been granted.

6. The undersigned is responsible for the preparation of Appellants’

Brief. The undersigned has been engaged in discovery and complex motion

practice in Union Pacific Railroad Company v. Fiberlight, LLC, Eagle 1 Resources

and David L. Thomas, Cause No. 2014-CI-08880, pending in district court in

Bexar County; responding to a petition for review in Sloan v. Law Office of Oscar

C. Gonzalez, Inc., No. 14-1015; preparing multiple summary judgment responses

in Dimmit Wood Properties, Ltd. v. Chesapeake Exploration, LLC, et. al, No. 13-

10-12107-DCV-AJA, pending in the 365th District Court, Dimmit County; and

preparing for trial in Sharif & Munir Enterprises, Inc. et al v. Laguna Madre

Construction, Inc. and Hope Lumber & Supply Company, No. 2012-DCL-6341-G,

pending in the 404th District Court, Cameron County. This extension request is

not filed for purposes of delay.

2 PRAYER

Appellants ask this Court to grant their motion extending the deadline to file

their Appellants’ Brief to March 9, 2015.

Respectfully submitted, Cynthia Cox Payne Texas Bar No. 24001935 P.O. Box 1178 1118 Main Street Bandera, TX 78003 (830) 796.7030 – Phone (830) 796.7945 – Fax cpayne@paynelawfirm.net

John D. Payne Texas Bar No. 15658500 P.O. Box 1178 1118 Main Street Bandera, TX 78003 (830) 796.7030 – Phone (830) 796.7945 – Fax jpayne@paynelawfirm.net

LAW OFFICE OF DAN POZZA 239 E. Commerce Street San Antonio, TX 78205 (210) 226-8888 – Phone (210) 224-6373 – Fax danpozza@yahoo.com

/s/Dan Pozza State Bar No. 16224800

ATTORNEYS FOR APPELLANTS

3 CERTIFICATE OF SERVICE

I hereby that a true and correct copy of the above and foregoing document has been delivered via e-mail transmission on this 5th day of February, 2015, to:

Stephan B. Rogers Ross S. Elliott Rogers & Moore 309 Water Street, Suite 114 Boerne, Texas 78006 Attorney for Plaintiffs srogerslaw@gmail.com

Attorneys for Judith and Terry Robinson, Gary and Brenda Fest, Virginia Gray and Butch Townsend

Edward Hecker GOSTOMSKI & HECKER 607 Urban Loop San Antonio, Texas 78204 ed@ghlawyers.net

Attorney for Bexar-Medina-Atascosa Counties Water Control and Improvement District No. 1

/s/Dan Pozza