1

No. 04-14-00707-CV 

IN THE COURT OF APPEALS FOR THE 

FOURTH JUDICIAL DISTRICT OF TEXAS 

SAN ANTONIO 

Melissa Broquet and John Broquet,

 Appellants 

v. 

Walter Mortgage Company LLC, et al., 

 Appellees 

From the 229th District Court of Duval County, Texas 

{The Hon. Robert Blackmon Presiding, Sitting by Assignment}

OBJECTION AND OPPOSITION TO SECOND “MOTION FOR 

EXTENSION OF TIME TO FILE APPELLANTS’ BRIEF”

THE LAW OFFICE OF 

AUDREY MULLERT VICKNAIR

Audrey Mullert Vicknair 

State Bar No. 14650500 

802 N. Carancahua, Ste. 1350 

Corpus Christi, Texas 78401-0022 

 (361) 888-8413; fax (361) 887-6207 

avicknair@vicknairlaw.com

Attorneys for Appellees

 JORDAN HYDEN WOMBLE CULBRETH 

& HOLZER, P.C.

 Kenneth M Culbreth, Jr. 

 State Bar No. 05207525 

 500 N. Shoreline Blvd. Suite 900 

 Corpus Christi, Texas 78401-0341 

 (361) 884-5678; fax (361) 888-9149 

 kculbreth@jhwclaw.com 

ACCEPTED

04-14-00707-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

1/7/2015 3:14:08 PM

KEITH HOTTLE

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 01/7/2015 3:14:08 PM KEITH E. HOTTLE Clerk
2

TO THE HONORABLE FOURTH COURT OF APPEALS: 

COME NOW Appellees and file their Objection and Opposition to Second 

“Motion for Extension of Time to File Appellant’s Brief.” The Motion wholly fails 

to comply with TEX. R. APP. P. 10.5, in that it contains none of the proper procedural 

history of the case, seeks no new deadline, and provides no proper reason for an 

extension. The Motion is instead an unverified attack against Appellees Walter 

Mortgage Company, et al, with no basis whatsoever. This is not a Motion for 

Extension of Time. In addition, no Certificate of Conference is included, and indeed 

counsel for Appellees were not consulted before the filing of this Motion. Nor were 

counsel for Appellees consulted prior to the filing of Appellants’ First Motion for 

Extension of Time, which likewise did not include a certificate of conference but 

was granted nonetheless. 

Appellees Walter Mortgage Company et al object to and oppose in all things 

this filing, which should be struck as failing to comply with any Rule of Appellate 

Procedure. This is not a proper Motion for Extension of Time. 

Appellees further object to an extension of time of any length (which is 

unknown, given that no length is stated in the motion). Appellants must comply 

with the Rules and file their Brief now that one 30-day extension has already been 

granted. 
3

Appellants have not complied with the Rules when filing a motion for 

extension of time. Their current motion should in all things be struck and the relief 

requested denied. 

PRAYER

 WHEREFORE Appellees pray the Court to sustain their objection and 

opposition to Appellants’ Second “Motion for Extension of Time” and strike the 

motion. At a minimum the Court must overrule the motion. Appellees pray for all 

other and further relief to which they are entitled. 

 Respectfully submitted, 

/s/ Audrey Mullert Vicknair__ 

Audrey Mullert Vicknair 

 State Bar No. 14650500 

LAW OFFICE OF AUDREY MULLERT VICKNAIR

 802 N. Carancahua, Ste. 1350 

 Corpus Christi, Texas 78401-0022 

 (361) 888-8413; (361) 887-6207 (fax) 

avicknair@vicknairlaw.com

 Kenneth M Culbreth, Jr. 

 State Bar No. 05207525 

JORDAN HYDEN WOMBLE CULBRETH & HOLZER,

P.C. 

 500 N. Shoreline Blvd. Ste. 900 

 Corpus Christi, Texas 78401-0341 

 (361) 884-5678; (361) 888-9149 (fax) 

 kculbreth@jhwclaw.com

Attorneys for Appellees 
4

CERTIFICATE OF SERVICE

 I certify that the foregoing Motion to Dismiss has been served on the 

following, by and through their counsel, on this _7th day of January, 2015, by the 

efile.gov electronic filing system. 

Hector P. Gonzalez 

202 E. St. Joseph Ave. 

San Diego, Texas 78384 

Hpg_law@yahoo.com

Attorney for Appellants

 /s/ Audrey Mullert Vicknair 

 Audrey Mullert Vicknair