Toni Combest and Mountain Laurel Minerals, LLC v. Mustang Minerals, LLC

Opinion

ACCEPTED 04-15-00617-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 12/9/2015 4:36:23 PM KEITH HOTTLE CLERK

NO. 04-15-00617-CV _________________________________________________________________ FILED IN 4th COURT OF APPEALS IN THE FOURTH DISTRICT COURT OF APPEALS SAN ANTONIO, TEXAS SAN ANTONIO, TEXAS 12/9/2015 4:36:23 PM _________________________________________________________________ KEITH E. HOTTLE Clerk TONI COMBEST, Appellant

VS.

MUSTANG MINERALS, LLC, Appellee _________________________________________________________________

On Appeal from the 218th District Court Cause No. 14-08-00144-CVL, LaSalle County, Texas the Honorable Donna S. Rayes, Presiding _________________________________________________________________

AGREED MOTION TO EXTEND TIME TO FILE BRIEF OF APPELLEE _________________________________________________________________

Appellee Mustang Minerals, LLC (“Mustang”) respectfully files this Motion

to Extend Time to File Brief of Appellee (the “Motion”). In support of the Motion,

Mustang shows the Court as follows:

I. DUE DATE

Mustang’s Brief of Appellee is currently due on December 25, 2015.

Mustang seeks an additional thirty (30) days to file its brief, making the new

deadline Monday, January 25, 2016.

AGREED MOTION TO EXTEND TIME TO FILE BRIEF OF APPELLEE Page 1 II. MUSTANG’S FIRST AND ONLY REQUEST FOR AN EXTENSION OF TIME TO FILE ITS BRIEF OF APPELLEE

This is Mustang’s first request for an extension of time to file its Brief of

Appellee. And, it will be Mustang’s only request for an extension to file its Brief of

Appellee. If the request is granted, Mustang stipulates and agrees that it will not

seek additional time to file its Brief of Appellee.

III. REASONS FOR EXTENSION OF TIME

Due to the nature of the following circumstances and conflicts, it is not

reasonably possible for the undersigned counsel, who has the primary

responsibility for preparing and filing Mustang’s Brief of Appellee, to perform the

tasks necessary to prepare, finalize, and file a thorough and accurate Brief of

Appellee by the current deadline:

1) undersigned counsel offices in a historic building in Weatherford,

Texas that is well over 100 years old. Weatherford received

approximately seven to eight inches of rain between November 26-

30, 2015. Due to the excessive amount of rain and the age and

structure of the office building, an exterior wall collapsed, causing

catastrophic damage to the building. Appellee’s counsel has been

unable to access his office or his files for a number of days, has

AGREED MOTION TO EXTEND TIME TO FILE BRIEF OF APPELLEE Page 2 had to relocate to a temporary office, and will have to relocate

once again in the coming weeks;

2) undersigned counsel is scheduled to attend Continuing Legal

Education in San Antonio on December 10-11, 2015; and

3) undersigned counsel has a pre-planned family vacation from

December 17-24, 2015.

IV. EXTENSION SOUGHT IN THE INTEREST OF JUSTICE

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

of justice.

V. APPELLANT DOES NOT OPPOSE A THIRTY (30) DAY EXTENSION

On December 2, 2016, co-counsel for Mustang, Mark Barret, conferred with

counsel for Appellant regarding the contents of this Motion, and counsel for

Appellant confirmed that Appellant does not oppose a thirty (30) day extension. As

demonstrated above, the requested extension is needed.

VI. PRAYER FOR EXTENSION

WHEREFORE, PREMISES CONSIDERED, Mustang respectfully requests

an extension of time of thirty (30) days, until January 25, 2016, to file its Brief of

Appellee and for such other and further relief to which it may show itself entitled.

AGREED MOTION TO EXTEND TIME TO FILE BRIEF OF APPELLEE Page 3 Respectfully submitted,

/s/ David D. Rapp David D. Rapp State Bar No. 24027764 david@ektexas.com Mark B. Barret State Bar No. 24092087 mark@ektexas.com EGGLESTON KING, LLP 102 Houston Avenue Weatherford, TX 76086 Telephone: (817) 596-4200 Telecopier: (817) 596-4269

ATTORNEYS FOR APPELLEE MUSTANG MINERALS, LLC

CERTIFICATE OF CONFERENCE

I hereby certify that, on or December 2, 2016, I communicated with Sameer Mandke and Kevin Schield, counsel for Appellant in this matter, and both informed me that Appellant does not opposes this Motion.

/s/ Mark B. Barret Counsel for Appellee

AGREED MOTION TO EXTEND TIME TO FILE BRIEF OF APPELLEE Page 4 CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the foregoing instrument was served electronically through the electronic filing manager, if the email address of the attorney below was on file with the electronic filing manager, or by e-mail as indicated below, upon the following attorneys on this 9th day of December, 2015, at the time of the filing of the foregoing instrument:

/s/ David D. Rapp Counsel for Appellee

Sameer Mandke TX State Bar No. 24065670 sameer@gkmpllc.com Robert F. Gilbert TX State Bar No. 24059321 gilbert@gkmpllc.com GILBERT MANDKE, PLLC 10100 Kleckley #15-B Houston, Texas 77075 Telephone: 832.316.5322 Fax: 713.341.9062

Kevin Schield TX State Bar No. 24075025 Kevin.schield@schieldlaw.com 3611 Leadville Drive Austin, Texas 78749 Telephone: 512.910.5095

AGREED MOTION TO EXTEND TIME TO FILE BRIEF OF APPELLEE Page 5