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.
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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.
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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
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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
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