ACCEPTED
04-15-00466-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
10/28/2015 4:13:38 PM
KEITH HOTTLE
CLERK
No. 04-15-00466-CV
FILED IN
4th COURT OF APPEALS
SAN ANTONIO, TEXAS
Felix Luera, Jr. and
10/28/2015 4:13:38 PM
Bianca Luera KEITH E. HOTTLE
In the Court of Appeals
Clerk
V. for the Fourth District of
Texas
Basic Energy Services,
Inc. and Basic Energy
Services, L.P.
A PPELLEES ’ M OTION TO D EFER B RIEFING ON THE M ERITS
P ENDING D ISPOSITION OF A PPELLEES ’ M OTION TO D ISMISS
T O THE H ONORABLE C OURT OF APPEALS :
Appellees Basic Energy Services, Inc. and Basic Energy
Services, L.P. (collectively, “Basic Energy”) move the Court to
defer briefing on the merits in this matter until the Court has
ruled on the Appellees’ Motion to Dismiss.
P ROCEDURAL HISTORY
On August 24, 2015, Appellees filed their Motion to
Dismiss this appeal on the ground that Appellants’ notice of
appeal was untimely. In particular, the judgment they appeal
from was signed on November 4, 2014, and yet they did not file
their notice of appeal until July 14, 2015. The Appellees’
Motion to Dismiss remains pending.
The Court has granted an extension of the deadline for
Appellants to file their brief; it is now due on November 20,
2015. The Appellees’ brief will be due 30 days after Appellants’
brief is filed. If the Motion to Dismiss is granted, the Court will
not find it necessary to address the merits of the appeal. Thus,
requiring the parties to submit full briefs on the merits before
the Motion to Dismiss is disposed of may result in a needless
expenditure of resources by the parties and the Court.
WHEREFORE, Appellees request that the Court defer
briefing on the merits until it disposes of the Appellees’ Motion
to Dismiss.
Respectfully submitted,
/s/ Ken Fields___________
Ken Fields
Texas State Bar No. 06975350
kfields@mcv-law.com
MCKIBBEN & VILLARREAL, L.L.P.
1100 Tower II
555 N. Carancahua
Corpus Christi, Texas 78401-0841
361-882-6611
361-883-8353 (telefax)
Attorneys for Appellees
Basic Energy Services, Inc.
and Basic Energy Services,
L.P.
APPELLEES’ MOTION TO DISMISS 2
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing instrument
was served on the other counsel of record, in the manner
indicated below, on October 28, 2015.
/s/ Ken Fields___________
Ken Fields
By e-filing and telefax, (361) 985-0601:
Mr. Russell W. Endsley
THE LAW OFFICES OF THOMAS J. HENRY
521 Starr Street
Corpus Christi, Texas 78401
Attorney for Appellants
By e-filing and telefax, 210-979-7810:
Ricardo R. Reyna
Brock Person Guerra Reyna, P.C.
17339 Redland Road
San Antonio, Texas 78247
Co- counsel on appeal for Appellees
APPELLEES’ MOTION TO DISMISS 3