Patricia Jo Kardell, Martin Murphy Snowden, Mickey Darrell Snowden, and Mary Delilla Snowden v. Edwin v. Acker, Jr., Stephen Adolph Acker, Elaine Acker George, Shella Acker (Reinke) Bonner, and Edwin Scott Acker

Court of Appeals of Texas·Decided November 23, 2015·No. 04-15-00534-CV·Published

Opinion

ACCEPTED

04-15-00534-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS 11/23/2015 4:59:24 PM

KEITH HOTTLE

CLERK

No. 04-15-00534-CV

FILED IN

4th COURT OF APPEALS

I n t h e F o u r t h C o u r t O f A p p e a l s A t S a n A n t o nSAN i o ANTONIO, TEXAS 11/23/2015 4:59:24 PM

KEITH E. HOTTLE

Patricia Jo Kardell, Martin Murphy Snowden, Mickey Darrell Snowden Clerk

AND Mary Delilla Snowden, Appellants,

V.

Swift Energy Operating, LLC, Appellee.

On Appeal from the 218'"' Judicial Court of La Salle County, Texas

Second Motion for Extension of Time to File Appellants' Brief

To T h e H o n o r a b l e C o u r t o f A p p e a l s ;

The undersigned attorney for Appellants, Patricia Jo Kardell, Martin Murphy

Snowden, Mickey Darrell Snowden, and Mary Delilla Snowden, submits this Second Motion for Extension of Time to File Appellants' Brief and respectfully shows:

1. On July 21, 2015, the Honorable Judge Donna S. Rayes executed the

Final Judgment in Swift Energy Operating, LLC Patricia Jo Kardell,

Martin Murphy Snowden, Mickey Darrell Snowden, Mary Delilla

Snowden, Edwin V. Acker, Jr., Stephen Adolph Acker, Elaine Acker

George, Lola Mae Akers, Pamela Boss, Dean Edward Biirkett, Deeann Burkett Wilson, Caron Marie Corum, Brian Hinter, Jenny May Woodall,

Lawrence, Malydalyn Jones Mitchell Bonnie Lee Skidmore, Loiirene Yvonne Woodall Vance, Sharon L. Williams, Daniel Wilson, Francis

Madison Woodall, Johhny Lee Woodall, Sheila Acker Reinke, and Edwin

Scott Acker, No. 12-06-00122-CVL; In the 218"^ Judicial District; La Salle County, Texas.

2. On August 19, 2015, Appellants filed their Joint Notice of Appeal with

the District Clerk.

3. On August 20, 2015, Appellants filed their Supersedeas/Appeal Bond.

4. On August 25, 2015, the Clerk's Record was requested. 5. On August 27, 2015, the Clerk's Record was filed.

6. On September 7, 2015, the undersigned began ajury trial: Jim Weynand

vs, Olmos Equipment, Inc. et al; No. 201 l-CI-08332; In the 37th District

Court; Bexar County, Texas. Trial was estimated to last six (6) weeks. 7. On September 26, 2015, Appellant's Brief was due.

8. On September 17, 2015, Appellant filed a Motion for Extension of Time

to File Appellants' Brief requesting a sixty-day (60) extension. Tex, R.

App. p. 38.6 (d).

9. At that time, the undersigned informed the Court that on August 17,

2015, the undersigned's co-counsel and trial counsel, Richard J. Karam, underwent surgery due to removal of a blood clot and was expected to be

in recovery for a minimum of eight (8) weeks.

10.On September 22, 2015, the Court granted the Motion for Extension of

Time to File Appellants' Brief.

1 l.On November 25, 2015, Appellants' Brief is due.

12.The undersigned has worked diligently on Appellants' Brief in the

limited time available after trial and on weekends and during holidays but it is sincerely and respectfully requested that a second and final extension

be granted to December 18, 2015.

C e r t i fi c a t e o f C o n f e r e n c e

On November 23, 2015, the undersigned conferred with Appellees' counsel, Wilson Calhoun and Audrey Vicknair, by email asking if they opposed this

request. Appellees' counsel opposes this second requested extension. Under these circumstances this motion is tendered to the Court for resolution.

Prayer

Movant prays that the Court grant the Second Motion for Extension of Time

to File Appellants' Brief and extend the deadline to December 18, 2015.

Respectfully submitted. The Law Office of Gilbert Vara, Jr. & T h e L a w O f fi c e s o f R i c h a r d J . K a r a m The Ariel House 8118 Datapoint Dr. San Antonio, Texas 78229-3228 (210)614-6400 (Telephone) (210)614-6401 (Telecopy) gilbert@varalaw.com (Email) RJKaram@aol.com (Email)

By: /S/

G i l b e r t Va r a , J r. State Bar No.: 20496250 Richard J. Karam S t a t e B a r N o . : 11 0 9 7 5 0 0

Attorneys for Patricia Jo Kardell, Martin Murphy Snowden, Mickey Darrell Snowden, and Mary Delilla Snowden

V e r i fi c a t i o n

State OF Texas §

County of Bexar §

Before me, the undersigned Notary Public, on this day personally appeared Gilbert Vara, Jr., who, being by me duly sworn on oath deposed and said that every factual statement contained in the Second Motion for Extension of Time to File Appellants" Brief is within his personal knowledge and true.

SUBSCRIBED AND SWORN TO BEFORE ME by Gilbert Vara, Jr. on November 23, 2015, to certify which witness my hand and official seal.

C e r t i fi c a t e o f S e r v i c e

I certify that a true copy of the foregoing Second Motion for Extension of Time to File Appellants' Brief has been provided to the following attorneys of record by email pursuant to Rule 21a Texas Rules of Civil Procedure on November 23,2015:

L a w O f fi c e o f F r e d e r i c k R . Z l o t u c h a Attn.: Frederick R. Zlotucha 222 Main Plaza East San Antonio, Texas 78205 Telephone: (210) 227-9877 Telecopy: (210) 227-8316 Email: attyrickzlotucha@aol.com Attorney for Swift Energy Operating, LLC

L a w O f fi c e o f W i l s o n C a l h o u n Attn.: Wilson Calhoun 719 S. Shoreline Blvd., Suite 404 Corpus Christi, Texas 78401 Telephone: (361) 882-3300 Telecopy: (361) 888-5404 Email: Wilson@wcalhoun.com & L a w O f fi c e o f A u d r e y M u l l e r t V i c k n a i r Attn.: Audrey Mullert Vicknair 802 N. Carancahua, Suite 1350 Corpus Christi, Texas 78401-0022 Telephone: (361) 888-8413 Telecopy: (361) 887-6207 Email: avicknair@vicknairlawxom Attorneys for Edwin V. Acker, Jr., et al

By: /S/

G i l b e r t Va r a , J r.

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ACCEPTED

04-15-00534-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS 11/23/2015 4:59:24 PM

KEITH HOTTLE

CLERK

No. 04-15-00534-CV

FILED IN

4th COURT OF APPEALS

I n t h e F o u r t h C o u r t O f A p p e a l s A t S a n A n t o nSAN i o ANTONIO, TEXAS 11/23/2015 4:59:24 PM

KEITH E. HOTTLE

Patricia Jo Kardell, Martin Murphy Snowden, Mickey Darrell Snowden Clerk

AND Mary Delilla Snowden, Appellants,

V.

Swift Energy Operating, LLC, Appellee.

On Appeal from the 218'"' Judicial Court of La Salle County, Texas

Second Motion for Extension of Time to File Appellants' Brief

To T h e H o n o r a b l e C o u r t o f A p p e a l s ;

The undersigned attorney for Appellants, Patricia Jo Kardell, Martin Murphy

Snowden, Mickey Darrell Snowden, and Mary Delilla Snowden, submits this Second Motion for Extension of Time to File Appellants' Brief and respectfully shows:

1. On July 21, 2015, the Honorable Judge Donna S. Rayes executed the

Final Judgment in Swift Energy Operating, LLC Patricia Jo Kardell,

Martin Murphy Snowden, Mickey Darrell Snowden, Mary Delilla

Snowden, Edwin V. Acker, Jr., Stephen Adolph Acker, Elaine Acker

George, Lola Mae Akers, Pamela Boss, Dean Edward Biirkett, Deeann Burkett Wilson, Caron Marie Corum, Brian Hinter, Jenny May Woodall,

Lawrence, Malydalyn Jones Mitchell Bonnie Lee Skidmore, Loiirene Yvonne Woodall Vance, Sharon L. Williams, Daniel Wilson, Francis

Madison Woodall, Johhny Lee Woodall, Sheila Acker Reinke, and Edwin

Scott Acker, No. 12-06-00122-CVL; In the 218"^ Judicial District; La Salle County, Texas.

2. On August 19, 2015, Appellants filed their Joint Notice of Appeal with

the District Clerk.

3. On August 20, 2015, Appellants filed their Supersedeas/Appeal Bond.

4. On August 25, 2015, the Clerk's Record was requested. 5. On August 27, 2015, the Clerk's Record was filed.

6. On September 7, 2015, the undersigned began ajury trial: Jim Weynand

vs, Olmos Equipment, Inc. et al; No. 201 l-CI-08332; In the 37th District

Court; Bexar County, Texas. Trial was estimated to last six (6) weeks. 7. On September 26, 2015, Appellant's Brief was due.

8. On September 17, 2015, Appellant filed a Motion for Extension of Time

to File Appellants' Brief requesting a sixty-day (60) extension. Tex, R.

App. p. 38.6 (d).

9. At that time, the undersigned informed the Court that on August 17,

2015, the undersigned's co-counsel and trial counsel, Richard J. Karam, underwent surgery due to removal of a blood clot and was expected to be

in recovery for a minimum of eight (8) weeks.

10.On September 22, 2015, the Court granted the Motion for Extension of

Time to File Appellants' Brief.

1 l.On November 25, 2015, Appellants' Brief is due.

12.The undersigned has worked diligently on Appellants' Brief in the

limited time available after trial and on weekends and during holidays but it is sincerely and respectfully requested that a second and final extension

be granted to December 18, 2015.

C e r t i fi c a t e o f C o n f e r e n c e

On November 23, 2015, the undersigned conferred with Appellees' counsel, Wilson Calhoun and Audrey Vicknair, by email asking if they opposed this

request. Appellees' counsel opposes this second requested extension. Under these circumstances this motion is tendered to the Court for resolution.

Prayer

Movant prays that the Court grant the Second Motion for Extension of Time

to File Appellants' Brief and extend the deadline to December 18, 2015.

Respectfully submitted. The Law Office of Gilbert Vara, Jr. & T h e L a w O f fi c e s o f R i c h a r d J . K a r a m The Ariel House 8118 Datapoint Dr. San Antonio, Texas 78229-3228 (210)614-6400 (Telephone) (210)614-6401 (Telecopy) gilbert@varalaw.com (Email) RJKaram@aol.com (Email)

By: /S/

G i l b e r t Va r a , J r. State Bar No.: 20496250 Richard J. Karam S t a t e B a r N o . : 11 0 9 7 5 0 0

Attorneys for Patricia Jo Kardell, Martin Murphy Snowden, Mickey Darrell Snowden, and Mary Delilla Snowden

V e r i fi c a t i o n

State OF Texas §

County of Bexar §

SUBSCRIBED AND SWORN TO BEFORE ME by Gilbert Vara, Jr. on November 23, 2015, to certify which witness my hand and official seal.

C e r t i fi c a t e o f S e r v i c e

By: /S/

G i l b e r t Va r a , J r.

Pincite

Patricia Jo Kardell, Martin Murphy Snowden, Mickey Darrell Snowden, and Mary Delilla Snowden v. Edwin v. Acker, Jr., Stephen Adolph Acker, Elaine Acker George, Shella Acker (Reinke) Bonner, and Edwin Scott Acker (Patricia Jo Kardell, Martin Murphy Snowden, Mickey Darrell Snowden, and Mary Delilla Snowden v. Edwin v. Acker, Jr., Stephen Adolph Acker, Elaine Acker George, Shella Acker (Reinke) Bonner, and Edwin Scott Acker) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.