Magdalena Sanchez McMordie, in Her Capacity as Beneficiary and Co- Trustee of the Hobart B. McMordie, II Asset Management Trust. v. Charles Harris McMordie, in His Capacity as Co-Trustee of the Hobart B. McMordie, II Asset Management Trust

Texas Supreme Court

Magdalena Sanchez McMordie, in Her Capacity as Beneficiary and Co- Trustee of the Hobart B. McMordie, II Asset Management Trust. v. Charles Harris McMordie, in His Capacity as Co-Trustee of the Hobart B. McMordie, II Asset Management Trust

Texas Supreme Court·Decided July 29, 2015·No. 07-14-00393-CV·Published

Opinion

ACCEPTED 07-14-00393-CV SEVENTH COURT OF APPEALS AMARILLO, TEXAS 7/29/2015 11:56:57 AM Vivian Long, Clerk

NO. 07-14-00393-CV IN THE COURT OF APPEALS FILED IN FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO 7th COURT OF APPEALS AMARILLO, TEXAS MAGDALENA MCMORDIE, 7/29/2015 11:56:57 AM in her capacity as Beneficiary and Co-Trustee VIVIAN LONG CLERK of the Hobart B. McMordie, II Asset Management Trust Appellant/Cross Appellee,

v.

CHARLES HARRIS MCMORDIE, in his capacity as Co-Trustee of the Hobart B. McMordie, II Asset Management Trust Appellee/Cross-Appellant.

FROM THE 251ST DISTRICT COURT RANDALL COUNTY, TEXAS THE HONORABLE ANA ESTEVEZ, JUDGE PRESIDING CAUSE NO. 66,482-C

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR REHEARING TO THE HONORABLE COURT OF APPEALS:

Charles Harris McMordie (“Charles”) files this Unopposed Motion for

Extension of Time to File Motion for Rehearing, and in support thereof shows the

Court the following:

I. DUE DATE

Charles’ Motion for Rehearing is currently due on August 8, 2015. Charles

seeks an additional twenty (20) days, until August 28, 2015, to file his Motion for

Rehearing.

II. REASONS FOR EXTENSION OF TIME

Charles’ counsel is involved in a number of other matters with deadlines and

settings that will interfere with Charles’ ability to timely file his Motion for

Rehearing.

III. EXTENSION SOUGHT IN THE INTEREST OF JUSTICE

The extension sought is not for the purpose of delay, but rather, is sought in

the interest of justice and to allow Charles to fully brief issues to the Court.

IV. APPELLANT/CROSS-APPELLEE AGREES TO THIS REQUEST

Counsel for Appellant/Cross-Appellee, Slater C. Elza, does not oppose this

motion for extension of time.

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR REHEARING Page 1 V. PRAYER

WHEREFORE, PREMISES CONSIDERED, Charles Harris McMordie prays

that the Court grant an extension of time of twenty (20) days, until August 28, 2015,

to file his Motion for Rehearing.

Respectfully submitted,

/s/ David J. Drez III David J. Drez III State Bar No. 24007127 david.drez@wickphillips.com Meredith L. Perry State Bar No. 24075622 meredith.perry@wickphillips.com

WICK PHILLIPS GOULD & MARTIN LLP 100 Throckmorton Street, Suite 550 Fort Worth, Texas 76102 Telephone: 817.332.7788 Telecopier: 817.332.7789

Scott W. Sherwood State Bar No. 18255250 Sherwood and Sherwood 303 Euclid Street Panhandle, Texas 79068 Telephone: 806.537.3591 Telecopier: 806.537.3592

ATTORNEYS FOR APPELLEE/ CROSS-APPELLANT CHARLES HARRIS MCMORDIE

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR REHEARING Page 2 CERTIFICATE OF CONFERENCE

On July 28, 2015, I contacted counsel for Appellant/Cross-Appellee, Slater C. Elza, and Appellant/Cross-Appellee is not opposed to this Motion.

/s/ David J. Drez III David J. Drez III

CERTIFICATE OF SERVICE

A true copy of the foregoing document was served on the following counsel of record via electronic filing, on this 29th day of July, 2015:

Slater C. Elza Jennie C. Knapp UNDERWOOD LAW FIRM, P.C. P.O. Box 9158 Amarillo, Texas 79105

/s/ David J. Drez III David J. Drez III

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR REHEARING Page 3

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ACCEPTED 07-14-00393-CV SEVENTH COURT OF APPEALS AMARILLO, TEXAS 7/29/2015 11:56:57 AM Vivian Long, Clerk

NO. 07-14-00393-CV IN THE COURT OF APPEALS FILED IN FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO 7th COURT OF APPEALS AMARILLO, TEXAS MAGDALENA MCMORDIE, 7/29/2015 11:56:57 AM in her capacity as Beneficiary and Co-Trustee VIVIAN LONG CLERK of the Hobart B. McMordie, II Asset Management Trust Appellant/Cross Appellee,

v.

CHARLES HARRIS MCMORDIE, in his capacity as Co-Trustee of the Hobart B. McMordie, II Asset Management Trust Appellee/Cross-Appellant.

FROM THE 251ST DISTRICT COURT RANDALL COUNTY, TEXAS THE HONORABLE ANA ESTEVEZ, JUDGE PRESIDING CAUSE NO. 66,482-C

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR REHEARING TO THE HONORABLE COURT OF APPEALS:

Charles Harris McMordie (“Charles”) files this Unopposed Motion for

Extension of Time to File Motion for Rehearing, and in support thereof shows the

Court the following:

I. DUE DATE

Charles’ Motion for Rehearing is currently due on August 8, 2015. Charles

seeks an additional twenty (20) days, until August 28, 2015, to file his Motion for

Rehearing.

II. REASONS FOR EXTENSION OF TIME

Charles’ counsel is involved in a number of other matters with deadlines and

settings that will interfere with Charles’ ability to timely file his Motion for

Rehearing.

III. EXTENSION SOUGHT IN THE INTEREST OF JUSTICE

The extension sought is not for the purpose of delay, but rather, is sought in

the interest of justice and to allow Charles to fully brief issues to the Court.

IV. APPELLANT/CROSS-APPELLEE AGREES TO THIS REQUEST

Counsel for Appellant/Cross-Appellee, Slater C. Elza, does not oppose this

motion for extension of time.

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR REHEARING Page 1 V. PRAYER

WHEREFORE, PREMISES CONSIDERED, Charles Harris McMordie prays

that the Court grant an extension of time of twenty (20) days, until August 28, 2015,

to file his Motion for Rehearing.

Respectfully submitted,

/s/ David J. Drez III David J. Drez III State Bar No. 24007127 david.drez@wickphillips.com Meredith L. Perry State Bar No. 24075622 meredith.perry@wickphillips.com

WICK PHILLIPS GOULD & MARTIN LLP 100 Throckmorton Street, Suite 550 Fort Worth, Texas 76102 Telephone: 817.332.7788 Telecopier: 817.332.7789

Scott W. Sherwood State Bar No. 18255250 Sherwood and Sherwood 303 Euclid Street Panhandle, Texas 79068 Telephone: 806.537.3591 Telecopier: 806.537.3592

ATTORNEYS FOR APPELLEE/ CROSS-APPELLANT CHARLES HARRIS MCMORDIE

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR REHEARING Page 2 CERTIFICATE OF CONFERENCE

On July 28, 2015, I contacted counsel for Appellant/Cross-Appellee, Slater C. Elza, and Appellant/Cross-Appellee is not opposed to this Motion.

/s/ David J. Drez III David J. Drez III

CERTIFICATE OF SERVICE

A true copy of the foregoing document was served on the following counsel of record via electronic filing, on this 29th day of July, 2015:

Slater C. Elza Jennie C. Knapp UNDERWOOD LAW FIRM, P.C. P.O. Box 9158 Amarillo, Texas 79105

/s/ David J. Drez III David J. Drez III

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR REHEARING Page 3

Magdalena Sanchez McMordie, in Her Capacity as Beneficiary and Co- Trustee of the Hobart B. McMordie, II Asset Management Trust. v. Charles Harris McMordie, in His Capacity as Co-Trustee of the Hobart B. McMordie, II Asset Management Trust, (Tex. 2015).

Pincite

Magdalena Sanchez McMordie, in Her Capacity as Beneficiary and Co- Trustee of the Hobart B. McMordie, II Asset Management Trust. v. Charles Harris McMordie, in His Capacity as Co-Trustee of the Hobart B. McMordie, II Asset Management Trust (Magdalena Sanchez McMordie, in Her Capacity as Beneficiary and Co- Trustee of the Hobart B. McMordie, II Asset Management Trust. v. Charles Harris McMordie, in His Capacity as Co-Trustee of the Hobart B. McMordie, II Asset Management Trust) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.