Mary Flentge McAuley, Willie O. Flentge, Jr., and Charles Ray Flentge v. Carl Dean Flentge, Independent of the Estate of Laverna Flentge, Carl Dean Flentge, David Flentge and Daniel Junek, Independent of the Estate of Willie Otto Flentge, Sr., Individually, and as Shareholders and on Behalf of W.L. Ranch, Inc

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ACCEPTED 06-15-00051-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS 11/2/2015 9:58:18 AM DEBBIE AUTREY CLERK NO. 06-15-00051-CV FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS IN THE SIXTH COURT OF APPEALS11/2/2015 9:58:18 AM DEBBIE AUTREY Clerk TEXARKANA, TEXAS MARY FLENTGE MCAULEY, WILLIE O. FLENTGE, JR., and CHARLES RAY FLENTGE Appellants/Cross-Appellees v. CARL DEAN FLENTGE, INDEPENDENT EXECUTOR OF THE ESTATE OF LAVERNA FLENTGE, CARL DEAN FLENTGE, DAVID FLENTGE and DANIEL JUNEK, INDEPENDENT EXECUTOR OF THE ESTATE OF WILLIE OTTO FLENTGE, SR., INDIVIDUALLY , and as SHAREHOLDERS and on behalf of W.L. RANCH, INC. Appellees/Cross-Appellants. Appeal from Final Judgment in Cause No. 26, 704, 21st Judicial District of Burleson County, Texas Hon. Carson Campbell, Presiding APPELLANTS’ AND CROSS-APPELLANTS’ AGREED JOINT MOTION FOR EXTENSION OF TIME TO FILE BRIEFS FOR APPELLANTS AND CROSS-APPELLANTS TO THE HONORABLE SIXTH COURT OF APPEALS: Appellants, Mary Flentge McAuley, Willie O. Flentge, Jr. and Charles Ray Flentge and Cross-Appellants, Carl Dean Flentge, Independent Executor of the Estate of LaVerna Flentge, Carl Dean Flentge, David Flentge, and Daniel Junek, Independent Executor of the Estate of Willie Otto Flentge, Sr., Individually, and as Shareholders and on behalf of W.L. Ranch, Inc. ask the Court to extend the time to file the Appellants and Cross-Appellants Briefs A. INTRODUCTION 1. Appellants are Mary Flentge McAuley, Willie O. Flentge, Jr. and Charles Ray Flentge. Cross Appellants are Carl Dean Flentge, Independent Executor of the Estate of LaVerna Flentge, Carl Dean Flentge, David Flentge, and Daniel Junek, Independent Executor of the Estate of Willie Otto Flentge, Sr., Individually, and as Shareholders and on behalf of W.L. Ranch, Inc. 2. There is no specific deadline to file this motion to extend time. Tex.R.App.P. 38.6(d) 3. The parties have agreed to and jointly move for this extension. B. ARGUMENT & AUTHORITIES 4. The Court has authority under Texas Rule of Appellate Procedure 38.6(d) to extend time to file Appellant’s Brief and Cross-Appellants’’ Brief. 2 5. Appellants’ Brief and Cross-Appellants’ Briefs are due on November 2, 2015. 6. Appellants’ and Cross-Appellants’ request an additional thirty (30) days to file their Briefs, extending the time to December 2, 2015. 7. No extension has been granted to extend the time to file Appellants’ Brief and Cross-Appellants’ Brief. 8. Appellants and Cross-Appellants need additional time to file their Briefs because during the time leading up to the initial filing time date of November 2, 2015, Appellants and Cross-Appellants counsel have been engaged in numerous court matters in the trial courts of the state with numerous cut-off timelines to comply under docket control orders in the district courts. Further, the court reporters transcript was not filed timely and contains eight (8) volumes, with over five (5) volumes of testimony which has required extensive summarizing. Additionally supplemental clerk’s records had to be requested so that a complete clerk’s record could be filed. These have now been filed belatedly. Finally, both counsels for Appelants and Cross-Appellants are solo practitioners and have been forced to allot their time accordingly among several other clients, during the initial time period. 3 C. CONCLUSION 9. Appellants and Cross-Appellants request this Court extend the time to file Appelants’ Brief and Cross-Appelants’ Brief because of counsel’s excessive workload involving other clients and the belated filing of the clerk’s record and court reporters record in this cause. D. PRAYER 10. For these reasons Appellants and Cross-Appellants jointly ask the Court to grant an extension of time to file their Appellants’ Brief and Cross-Appellants’ Brief. Respectfully submitted, /s/ Wayne H. Paris Wayne H. Paris State Bar No. 15462000 Paris Law Group, P.L.L.C. Two Riverway, Suite 1080 Houston, Texas 77056 Telephone: (713) 951-9100 Facsimile: (713) 961-3082 E-mail:waynehparis@yahoo.com Attorney for Cross-Appellants /s/ J. Steven Stewart J. Steven Stewart State Bar No. 19210500 The Law Office of J. Steven Stewart 5353 West Alabama, Suite 605 Houston, Texas 77056 Telephone: (713) 977-3447 4 Facsimile: (832) 201-9117 E-mail: jss@jstevenstewart.com Attorney for Appellants CERTIFICATE OF CONFERENCE The filing party under Rule 10.1(a)(5), Texas Rules of Appellant Procedure has conferred by telephone with J. Steven Stewart, Attorney for Appellants, and he has responded that he agrees with this extension of time and requested this agreed joint motion for an extension of time to file Appellants’ Brief and Cross-Appelants’ Brief until December 2, 2015 be filed. /s/ Wayne H. Paris Wayne H. Paris CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Appellants’ and Cross- Appellants’ Agreed Joint Motion for Extension of Time to File Briefs for Appellants and Cross-Appellants has been sent to all interested counsel of record on this the 2nd day of November 2015 via electronic filing. /s/ Wayne H. Paris Wayne H. Paris Via E-mail: jss@jstevenstewart.com Mr. J. Steven Stewart 5353 West Alabama, Suite 605 Houston, Texas 77056 5