ACCEPTED
04-15-00272-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
9/4/2015 3:24:56 PM
KEITH HOTTLE
CLERK
NO. 04-15-00272-CV
FILED IN
4th COURT OF APPEALS
IN THE FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS
SAN ANTONIO, TEXAS 9/4/2015 3:24:56 PM
KEITH E. HOTTLE
Clerk
KYU IM ROBINSON,
APPELLANT,
V.
JESS L. MAYFIELD, TRUSTEE, ET AL.,
APPELLEES
ON APPEAL FROM THE 131ST JUDICIAL DISTRICT COURT
BEXAR COUNTY, TEXAS
HON. RENEE A. YANTA, JUDGE PRESIDING
APPELLEES’ SECOND MOTION
FOR EXTENSION OF TIME TO FILE APPELLEES’ BRIEF
TO THE HONORABLE FOURTH COURT OF APPEALS:
1. Appellees, William P. Riddick, Individually, and sued as Trustee of
the Wm. P. Riddick – 76 Trust, file this Second Motion for Extension of Time to
File Appellees’ Brief and respectfully request an additional 30-day extension of its
filing deadline.
Appellees’ Second Motion for Extension of Time
2. The Court has granted one previous request by Appellees’ for an
extension of time. The current deadline to file Appellees’ Brief is September 21,
2015.
3. Appellees’ current counsel seeks an additional 30-day extension of the
deadline to file Appellees’ Brief based on its First Amended Motion to Withdraw
from representation currently pending before this Court.
4. Counsel’s First Amended Motion to Withdraw is based on the fact
that counsel is not able to effectively communicate with Appellees in a manner
consistent with good attorney-client relations. As more fully set forth in its First
Amended Motion to Withdraw, filed this same day, until just recently counsel
communicated only with Mr. William P. Riddick, acting individually as well as in
his capacity as Trustee for the four trusts collectively referred to as the Wm. P.
Riddick—76 Trusts. On June 15, 2015, Mr. Riddick’s appointment as Trustee
expired. To counsel’s knowledge, no successor trustee has been appointed. The
beneficiaries, whether among themselves or with Mr. Riddick, individually, do not
speak with one voice, and counsel is not otherwise able to effectively communicate
with them. Additionally, and despite requests otherwise, counsel remains unpaid
for fees incurred from December 2014 through June 20, 2015.
5. Counsel for Appellee’s has, since August 27, 2015, been in the
process of attempting to secure permission of this Court to withdraw. Even before
Appellees’ Second Motion for Extension of Time Page 2
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filing the Motion to Withdraw, Appellees were informed of counsel’s intention to
do so if certain action was not collectively and uniformly undertaken.
Additionally, on information and belief, since before August 2015, at least certain
of the Appellees were engaged in action regarding the possibility of retaining
different counsel for appeal.
6. Counsel requests this extension so that ample time may be afforded, to
either Appellees’ current counsel or their substitute counsel, the time necessary to
adequately prepare a responsive brief following the Court’s ruling on the First
Amended Motion to Withdraw.
7. CERTIFICATE OF CONFERENCE: Counsel for Appellees has
attempted to confer with counsel for Appellant via telephone and email. At the
filing of this Motion, Counsel for Appellees had not yet received a response from
counsel for Appellants on whether there was opposition to this motion.
WHEREFORE PREMISES CONSIDERED, counsel for Appellees requests
the Court grant this second motion and extend the time for filing Appellees’ Brief
to October 21, 2015.
Appellees’ Second Motion for Extension of Time Page 3
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Respectfully submitted,
RICHIE & GUERINGER, P.C.
BY: /s/ Gay Gueringer
GAY GUERINGER
State Bar No. 08571400
KATHERINE J. WALTERS
State Bar No. 00785174
112 East Pecan Street, Suite 1420
San Antonio, Texas 78205
Telephone: 210-220-1080
Facsimile: 210-220-1088
Email: ggueringer@rg-sanantonio.com
Email: kwalters@rg-austin.com
ATTORNEYS FOR APPELLEES
CERTIFICATE OF SERVICE
By my signature below, I hereby certify that a true and correct copy of the
above and foregoing has been served via electronic service to all counsel of record
listed below on this 4th day of September 2015.
Ms. JoAnn Storey
JoAnn Storey, P.C.
1005 Heights Boulevard
Houston, Texas 77008
/s/ Gay Gueringer
Gay Gueringer / Katherine J. Walters
Appellees’ Second Motion for Extension of Time Page 4
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Kyu Im Robinson v. William P. RIDDICK, Individually and as Trustee of the Cynthia Riddick Marmolejo 76 Trust, the William McDonald Riddick 76 Trust, the Warren Pretlow 76 Trust, and the Patricia Swann Riddick 76 Trus
Combined Opinion