in the Estate of Marjorie A. Childs

ACCEPTED 04-15-00623-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 10/30/2015 5:43:53 PM KEITH HOTTLE CLERK FILED IN 4th COURT OF APPEALS October 30, 2015 SAN ANTONIO, TEXAS 10/30/2015 5:43:53 PM KEITH E. HOTTLE Clerk JUDITH R. BLAKEWAY 210.250.6001 judith.blakeway@strasburger.com REQUEST FOR DOCUMENTS TO BE INCLUDED IN SUPPLEMENTAL CLERK'S RECORD TO: Ms. Teresa Guerra Court Clerk, Probate Court No.2 100 Dolorosa, Room 117 San Antonio, Texas 78205 FR: Judith R. Blakeway Attorney for Appellant, Pamela Ann Childs McCaskill RE: Defendant's request for documents to be included in the clerk's record for Cause No. 20 14-PC-0056; In the Estate of Marjorie A. Childs, Deceased, in the Probate Court No.2 of Bexar County, Texas On October 2, 2015, Defendants filed a request for documents to be included in the Clerk's Record. Among the documents requested was Defendant Pamela Ann Child McCaskill's Response to Plaintiff's Cross Motion for Partial Summary Judgment and No Evidence Motion for Partial Summary Judgment, filed on September 11, 2015. Attached and e-filed with the response were the following exhibits which were not included in the Clerk's record filed with the Court: 1. All deposition exhibits (Nos. 27-60) to Exhibit B (Transcript of July 29, 2015 deposition of Mollie Allen Childs). (Exhibits are linked to that transcript and can be easily accessed either by clicking on the highlighted exhibit numbers at page 4 of the transcript, or by clicking on the paper clip icon for attachments to the left of the screen). 2. Remaining Parts 4 - 14 of Pamela McCaskill's response to Motion for Summary Judgment, which include the final portion of Exhibit E, as well as Exhibits F-L. (These missing chunks are designated separately on the court's docket as Parts 4-14 of Pamela McCaskill's response): Exhibit E: Transcript of June 26,2015 deposition of Mike Donelson (beginning at Filing Part 4, marked p. 203); Strasburger & Price, LLP 2;GUlcBl·.dJ.lidwe.¥D9¥IOSlittrMifunio,Texas 78215- 1157 I 210.250.6000 tel I 210.250.6100 fax I www.strasburger.com Austin I Collin County I Dallas I Houston I San Antonio I New York I Washington, D.C. I MexicoCity-Strasburger&Price,SC Ms. Teresa Guerra Court Clerk Probate Court No.2 October 30, 2015 Page 2 Exhibit F: Transcript of June 26, 2015 deposition of James Randy Beck, with Exhibits 1-5; Exhibit G: Transcript of June 16, 2012 recorded conversation between Pamela McCaskill and Marjorie A. Childs; Exhibit H: Documents produced by CPA Mike Donelson which were previously withheld as privileged; Exhibit I: 1993 Trust Agreement; Exhibit J: Plaintiffs original and amended responses to Defendant Pamela McCaskill's Request for Production; Exhibit K: Plaintiffs First Amended Petition and Answer to Counterclaims of Susan Kaye Addison and Pamela Ann Childs McCaskill; Exhibit L: Transcript of the August 20, 2015 deposition of Frances Perkins, with exhibits 1-5. I am requesting that the Clerk's Record be supplemented with these exhibits. By copy of this letter, I am notifying all counsel of record of this request, as well as the Court of Appeals. Respectfully submitted, STRASBURGER & PRICE, LLP By: /s/ Judith R. Blakewav JUDITH R. BLAKEWAY State Bar No. 02434400 judith.blakeway@strasburger.com 2301 Broadway San Antonio, Texas 78215 Telephone: (210) 250-6000 Facsimile: (210) 250-6100 ATTORNEYS FOR APPELLANT PAMELA ANN CHILDS McCASKILL I 98D643. IISPSNJ409210102/J03DI 5 Ms. Teresa Guerra Court Clerk Probate Court No.2 October 30, 2015 Page 3 CERTIFICATE OF SERVICE I hereby certify that on the 30th day of October, 2015, a true and correct copy of the above and foregoing Request for Documents to be Included in the Clerk's Record has been transmitted in accordance with the requirement of the Texas Rules of Civil Procedure, addressed as follows: Rudy A. Garza Ben A. Wallis, III rugar@hfgtx.com Ben A. Wallis Law PC Charles M. Hornberger 8200IH 10 West #101 boxy@,hfgtx.com San Antonio, Texas 78230 David Jed Williams baw3@,wallislawsa.com j wi IIiams(@,hfgtx.com Stephanie L. Curette Attorneys for Defendant scurette(@,hfgtx.com Susan Kaye Childs Addison Hornberger Sheehan Fuller & Garza, Inc. The Quarry Heights Building 7373 Broadway, Suite 300 San Antonio, Texas 78209 Telephone: (210) 271-1700 Facsimile: (210) 271-1730 Attorneys for Plaintiff Mollie Allen Childs lsi Judith R. Blakewav Judith R. Blakeway I980643.1/SPSAJ3409210 102il 030 15