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

Opinion

ACCEPTED 04-14-00758-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 5/4/2015 5:02:00 PM KEITH HOTTLE CLERK

NO. 04-14-00758-CV

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FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS In The 5/4/2015 5:02:00 PM

Fourth Court OF Appeals KEITH E. HOTTLE Clerk

San Antonio, Texas

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

FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ BRIEF (UNOPPOSED)

Appellees Judith and Terry Robinson, Gary and Brenda Fest, Virginia

Gray, and Butch Townsend file their first motion for extension of time to

file Appellees’ brief. Appellees’ brief is currently due on May 7, 2015. Tex.

R. App. P. 38.6. This motion is filed prior to the due date. Appellant’s

counsel does not oppose this motion.

Appellees need additional time to prepare and file their brief.

Appellees ask the Court to grant an extension of time to Monday June 8,

2015, an extension of 30 days.

When Appellants filed their brief, Appellees became aware of a

potential need to request supplementation of the appellate record.

Accordingly, Appellees filed two reporter’s record requests, on April 17 and

April 30, after expending a week or so tracking down the court reporters,

neither of whom still worked at the 216th Judicial District Court.

Additionally, Appellees’ counsel was retained to assist in a complex

proceeding, City of San Antonio Board of Adjustment & Sarosh Mgmt, LLC

v. East Central ISD, Cause No. 04-14-00341-CV, due to the unexpected

demise of Sarosh Managements’ counsel prior to filing a motion for

rehearing related to this Court’s opinion issued on March 18, 2015. The

motion for rehearing is due to be filed May 4, 2015.

The extension requested herein is sought in the interest of justice and

not for purpose of delay, and will not harm or prejudice any party.

PRAYER

Appellees respectfully request that this Court grant the requested

extension of time, and any other proper or necessary relief.

Respectfully submitted,

/s/

Stephan B. Rogers State Bar No. 17186350 Kelly P. Rogers State Bar No. 00788232 ROGERS & MOORE PLLC 309 Water St., Ste. 114 Boerne, TX 78006 (830) 816-5487 Fax: (866) 786-4777 steve@rogersmoorelaw.com kelly@rogersmoorelaw.com

CERTIFICATE OF SERVICE

I certify that on May 4, 2015, a true and correct copy of this document was served on the following counsel of record:

Dan Pozza Law Office of Dan Pozza 239 E. Commerce Street San Antonio, TX 78205 (210) 226-8888 – Phone (210) 224-6373 – Fax danpozza@yahoo.com

Edward Hecker GOSTOMSKI & HECKER 607 Urban Loop

San Antonio, Texas 78204 ed@ghlawyers.net

/s/

Stephan B. Rogers