Medina Interests, Ltd v. William Paul Trial

Opinion

ACCEPTED

04-14-00521-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS 3/5/2015 12:08:13 PM

KEITH HOTTLE

CLERK

No. 04-14-00521-CV

FILED IN

4th COURT OF APPEALS SAN ANTONIO, TEXAS

IN THE COURT OF APPEALS 03/5/2015 12:08:13 PM KEITH E. HOTTLE

Clerk

FOR THE FOURTH DISTRICT OF TEXAS

AT SAN ANTONIO, TEXAS

MEDINA INTERESTS, LTD., Appellant v.

WILLIAM PAUL TRIAL, CHARLES BALLARD TRIAL, ET AL., Appellees

On the Appeal from the 218th Judicial District Court of Karnes County, Texas, No. 13-04-00098, the Honorable Stella Saxon

FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S REPLY

Brandy R. Manning State Bar No. 24029703 BURLESON LLP 223 W. Wall Street, Suite 400 Midland, Texas 79701 bmanning@burlesonllp.com Telephone: 432.253.8603 Facsimile: 432.253.8601

Matthew S. Brysacz State Bar Texas No. 24061359 BURLESON LLP 112 E. Pecan Street, Suite 700 San Antonio, Texas 78205 mbrysacz@burlesonllp.com Telephone: 210.870.2600 Facsimile: 210.870.2626

TO THE HONORABLE JUSTICES OF THE FOURTH COURT OF APPEALS:

Pursuant to Texas Rules of Appellate Procedure 9, 10, and 49.8, Appellant

Medina Interest, Ltd., files this First Motion to Extend Time to File Appellant’s

Reply, and would respectfully show the Honorable Court:

1. Appellant’s Reply is due March 6, 2015.

2. Appellant respectfully requests a 15-day extension to file its reply, so that it

would be due on Monday, March 23, 2015.

3. Appellant’s counsel has been working to meet briefing deadlines in other

cases, including filing summary judgments in an Irion County Case.

4. This is Appellant’s First Motion for Extension of Time to file Appellant’s

Reply. As evidenced by the Certificate of Conference, this Motion is Unopposed.

5. This request is not made for delay, but so that work product worthy of this

Courts’ consideration can be prepared and filed.

PRAYER

Appellant respectfully requests that this Court extend until Monday, March

23, 2015, the time in which Appellant must file its Reply Brief, and for such other

and further relief to which it may be entitled.

Respectfully submitted,

/s/ Brandy R. Manning Brandy R. Manning Bar No. 24029703 Burleson, LLP Midland Tower 223 W. Wall Street, Suite 400 Midland, Texas 79701 Phone: 432-695-6228 (office) Phone: 469-363-3606 (mobile) Telefax: 432-695-6246 E-mail: brmanning@burlesonllp.com

\s\ Matthew S. Brysacz Matthew S. Brysacz State Bar Texas No. 24061359 BURLESON LLP 112 E. Pecan Street, Suite 700 San Antonio, Texas 78205 mbrysacz@burlesonllp.com Telephone: 210.870.2600 Facsimile: 210.870.2626 ATTORNEYS FOR APPELLANT

CERTIFICATE OF CONFERENCE

I certify that I exchanged voice mails with David Cunningham, on March 4, 2015, and that he does not oppose this Motion.

/s/ Brandy R. Manning Counsel for Appellant

CERTIFICATE OF COMPLIANCE

This document complies with the typeface requirements of TEX. R. APP. P.

9.4(e) because it has been prepared in a conventional typeface no smaller than 14- point font for text and 12-point for footnotes. This document also complies with the word-count limitations of TEX. R. APP. P. 9.4(i), if applicable, because it contains 179 words, excluding any parts exempted by TEX. R. APP. P. 9.4(i)(1).

/s/ Brandy R. Manning Counsel for Appellants

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the foregoing instrument was served via his ESFP (to the extent the same was possible) and via facsimile (to the extent service through said ESFP was not possible) at the same time as the foregoing was e-filed with the Court on March 3, 2015:

Mr. David Lee Cunningham Hayden & Cunningham 7750 Broadway Street San Antonio, Texas 78209-3244 Telephone: 210-826-0644 Facsimile: 210.822.0916

Mr. Mark L. Nastri Nastri Law Firm PLLC 14860 Montfort Drive, Suite 209 Dallas, Texas 75254 Telephone: 972-392-6123 Facsimile: 972.934.2310

ATTORNEYS FOR APPELLEES WILLIAM PAUL TRIAL, CHARLES BALLARD TRIAL, JANE CUNNINGHAM, JOSEPH ALLEN TRIAL, JUDITH ANN GONZALES, JIMMY RAY TRIAL, LINDA T. WIATREK, THIERY T. TRIAL, JEFFREY D. BOULDIN, GILLESPIE MINERAL ACQUISITIONS, LLC, SHARON SHARP MCCULLOCH A/K/A SHARON SHARP, DANIEL S. TRIAL, SHERRI ANN CHACK-ON, DEONNE T. POSTON, MARCIA L. TRIAL, JOHN E. TRIAL, KENNETH LYSSY, MARGARET LITTLE, DEBORA ALBRITTON, GLENN HENRY BARNETT, LORETTA MITCHELL FORD, YVONNE JANACEK, AND JOSEPH RUSSELL TRIAL

Mr. G. Wade Caldwell

Barton, East & Caldwell, P.L.L.C. One Riverwalk Place, Suite 1825 700 North St. Mary’s Street San Antonio, Texas 78205 Telephone: 210-225-1655 Facsimile: 210.225.8999

ATTORNEY FOR APPELLEE MICHAEL LEO TRIAL

4834-2822-3778, v. 1