ACCEPTED
04-15-00623-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
11/2/2015 4:25:46 PM
KEITH HOTTLE
CLERK
NO. 4-15-00623-CV
IN THE COURT OF APPEALS
FILED IN
FOR THE FOURTH DISTRICT OF TEXAS 4th COURT OF APPEALS
AT SAN ANTONIO SAN ANTONIO, TEXAS
11/2/2015 4:25:46 PM
KEITH E. HOTTLE
IN RE ESTATE OF MARJORIE A. CHILDS Clerk
On Appeal from Probate Court No 2,
Bexar County, Texas
APPELLANT PAMELA ANN CHILD'S
UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF
Pamela Ann Childs ask this Court to extend the time to file her brief.
A. INTRODUCTION
1. Appellants are Pamela Ann Childs and Susan K. Addison; Appellee is
Mollie Ann Childs.
2. This is a permissive interlocutory appeal.
3. The parties have agreed to this motion.
4. On October 23, 2015, this Court granted permission to appeal from an
interlocutory order, and ordered Appellants to file their briefs on November 12,2015.
B. ARGUMENT AND AUTHORITIES
5. This Court has authority under Texas Rule of Appellate Procedure 38.6(d)
to extend the time to file a brief.
6. The record was filed, but when counsel for Appellant reviewed the record,
she discovered that the record is missing over 2,300 pages from Appellant's response to
Appellee's motion for summary judgment.
7. Accordingly, on October 30, Appellant requested the court clerk to file a
supplemental clerk's record, including the exhibits to Appellant's response to the motion
for summary judgment which were not included in the clerk's record filed with the Court.
A true and correct copy of the Request for Supplemental Record is attached hereto
marked Exhibit A.
8. Appellant cannot complete her brief-and this Court cannot evaluate
whether the trial court erred in granting summary judgment-without reviewing the
complete record that was before the trial court.
9. Apellant requests an extension oftime to file Appellant's briefuntil 20 days
after the complete record is filed.
C.PRAYER
10. For these reasons, Appellant asks the Court to grant an extension of time to
file her brief until 20 days after the complete record is filed.
Respectfully submitted,
/s/ Judith R. Blakeway
Judith R. Blakeway
State Bar No. 02434400
STRASBURGER & PRICE, LLP
300 Convent Street, Suite 900
San Antonio, Texas 78205
(210) 250-6004 Telephone
(210) 258-2706 Facsimile
judith.blakeway@strasburger.com
ATTORNEYS FOR APPELLANT
2
CERTIFICATE OF CONFERENCE
On the 2nd day of November, 2015, the undersigned conferred with counsel for
Appellee Mollie Ann Childs and Appellant Susan K. Childs Addison, and they have no
opposition to this motion for extension oftime.
lsi Judith R. Blakewav
JUDITH R. BLAKEW AY
CERTIFICATE OF SERVICE
I hereby certify that on the 2nd day of November, 2015, a true and correct copy of the
above and foregoing Motion to Extend Time to File Brief 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 8200 IH 10 West #101
boxy@hfgtx.com San Antonio, Texas 78230
David Jed Williams baw3(a)wallislawsa.com
j will iams(a)hfgtx. com
Stephanie L. Curette Attorneys for Defendant
scurette(a)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. Blakeway
JUDITH R. BLAKEW AY
3
J 980820. J/SPSA/34092/0 J 0211 J 02 J 5
EXHIBIT A
ACCEPTED
04-15-00623-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
10/30/2015 5:43:53 PM
KEITH HOTTLE
CLERK
October 30, 2015
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
23~~tRh!lif.d:m:i~4D9¥j08'att~LUnio,Texas 78215- 1157 I 210.250.6000 tel I 210.250.6100 fax I www.strasburger.com
Austin Collin County Dallas Houston San Antonio I New York I Washington, D.C. Mexico City- Strasburger & Price, se
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: Plaintiff's original and amended responses to Defendant Pamela McCaskill's
Request for Production;
Exhibit K: Plaintiff's 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.
1 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: lsi Judith R. Blakeway
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
1980643 1 SPSAiJ4092!O 102' 1030 15
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 (a),wallisJawsa.com
jwilliams(@,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
Attorneysfor Plaintiff Mollie Allen Childs
/s/ Judith R. Blakeway
Judith R. BJakeway