John Lawton v. David W. Lawton, Individually, as Former Independent of the Estate of Joseph G. Lawton, and as Former Agent for Joseph G. Lawton Under a Power of Attorney

Opinion

ACCEPTED 01-15-00193-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 7/30/2015 10:28:54 AM CHRISTOPHER PRINE CLERK

NO. 01-15-00193-CV

IN THE COURT OF APPEALS FOR THE FILED IN 1st COURT OF APPEALS FIRST DISTRICT OF TEXAS HOUSTON, TEXAS 7/30/2015 10:28:54 AM JOHN LAWTON CHRISTOPHER A. PRINE Appellant. Clerk v. DAVID LAWTON, INDIVIDUALLY, AS FORMER INDEPENDENT EXECUTOR OF THE ESTATE OF JOSEPH G. LAWTON, DECEASED, AND AS FORMER AGENT FOR JOSEPH G. LAWTON UNDER A POWER OF ATTORNEY, Appellee.

Appeal From Cause No. 14-CCV-053769 In the County Court at Law No. 1, Fort Bend County, Texas

APPELLEE DAVID W. LAWTON’S UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLEE BRIEF

DOYLE, RESTREPO, HARVIN & ROBBINS, L.L.P.

J. B. (Trey) Henderson III N. Kimberly Hoesl State Bar No. 00798251 State Bar No. 24040540 thenderson@drhrlaw.com khoesl@drhrlaw.com

440 Louisiana Street, Suite 2300 Houston, Texas 77002 (713) 228-5100 (Tel.) (713) 228-6138 (Fax) Attorneys for Appellee David Lawton, Individually, as Former Independent Executor of the Estate of Joseph G. Lawton, Deceased, and as Former Agent for Joseph G. Lawton Under a Power of Attorney

JULY 30, 2015 TO THIS HONORABLE COURT:

Appellee David W. Lawton (“David”) files this unopposed motion, pursuant

to Texas Rule of Appellate Procedure 10.5(b), respectfully requesting the Court to

extend the time to file his appellee’s brief in response to the Brief of Appellant

filed by John Lawton (“John”).

1. David’s appellee brief is due to be filed on August 7, 2015.

2. David requests an additional thirty (30) days to file his brief. That is

an extension of time through and including September 4, 2015.

3. This is David’s first request for an extension of time to file the

appellee brief.

4. David requests additional time to prepare and file the brief, in part

because David’s counsel was on vacation the first two weeks following the filing

of John’s Brief of Appellant. As a result of that delay, plus counsel’s other

professional obligations, the amount of time available for David’s counsel to

prepare the appellee brief is significantly reduced.

5. This extension is not sought for delay but so that the justice may be

done.

6. As set forth in the Certificate of Conference below, this motion for

extension of time is unopposed. For these reasons, David prays that this Court grant an extension of time to

file his appellee brief in this matter through and including September 4, 2015.

Respectfully submitted,

_/s/ N. Kimberly Hoesl __________ J. B. (Trey) Henderson III State Bar No. 00798251 thenderson@drhrlaw.com

N. Kimberly Hoesl State Bar No. 24040540 khoesl@drhrlaw.com

DOYLE RESTREPO HARVIN & ROBBINS, L.L.P. 440 Louisiana, Suite 2300 Houston, Texas 77002 (713) 228-5100 Telephone (713) 228-6138 Facsimile

Attorneys for Appellee David Lawton, Individually, as Former Independent Executor of the Estate of Joseph G. Lawton, Deceased, and as Former Agent for Joseph G. Lawton Under a Power of Attorney

CERTIFICATE OF CONFERENCE

As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I conferred with counsel for Appellant John Lawton, who stated that he is not opposed to the relief requested in this motion.

/s/ N. Kimberly Hoesl _____________ N. Kimberly Hoesl

2 CERTIFICATE OF SERVICE

As required by Texas Rules of Appellate Procedure 6.3 and 9.5(b), (d), (e), I certify that a true copy of Appellee David W. Lawton’s Unopposed Motion to Extend Time to File Appellee Brief has been served on all other parties—listed below—on July 30, 2015, as follows:

Constance H. Pfeiffer Attorneys for Appellant John Lawton William R. Peterson BECK REDDEN LLP 1221 McKinney, Suite 4500 Houston, Texas 77010-2010 cpfeiffer@beckredden.com

Esther Anderson ANDERSON PFEIFFER, PC 845 FM 517 West, Suite 200 Dickinson, Texas 77539 esther@probateguardianship.com

_X_ By electronic service _X_ By e-mail

/s/ N. Kimberly Hoesl ___________ N. Kimberly Hoesl

July 30, 2015_____________________ Date