No. 04-15-00507-CV

IN THE COURT OF APPEALS

FOR THE FOURTH DISTRICT OF TEXAS

AT SAN ANTONIO

ESTATE OF SHIRLEY L. BENSON; 

THOMAS MILTON BENSON

AS TRUSTEE OF THE 

SHIRLEY L. BENSON TESTAMENTARY TRUST,

 Appellant, 

v. 

RENEE BENSON, 

 Appellee. 

Appeal from Probate Court No. 2, Dallas County, Texas, 

Trial Court Cause 155,572 & 155,572-A 

UNOPPOSED MOTION FOR EXTENSION OF 

TIME TO FILE BRIEF OF APPELLANT

TO THE HONORABLE COURT OF APPEALS: 

Appellant, Thomas Milton Benson, as Trustee of the Shirley L. Benson 

Testamentary Trust, respectfully files this unopposed first motion for extension of 

time to file his appellant’s brief. 

1. The present deadline for filing the brief is September 24, 2015. 

2. Appellant seeks a 30-day extension, until October 26, 2015, in which 

to file his brief. 

3. This is Appellant’s first request for an extension of time to file his 

brief. 

4. This motion is unopposed. 

ACCEPTED

04-15-00507-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

9/24/2015 1:13:35 PM

KEITH HOTTLE

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 09/24/2015 1:13:35 PM KEITH E. HOTTLE Clerk
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5. The following grounds provide “good cause” for extending the time to 

file the brief. 

Lead counsel, David Beck, has been and continues to be engaged in other 

litigation with imminent deadlines that will prevent him from completing the brief 

before the present deadline, including, but not limited to, the following:

 Preparation for trial in No. 4:13-cv-02906; Exxon Mobil 

Corporation v. FX Networks, LLC, et al; In the United States 

District Court for the Southern District of Texas, Houston 

Division. The pretrial conference was held on September 1, 2015.

 Preparation for hearing in No. 4:09-CV-03884; Yoseff Cohen, et al. 

v. Oscar S. Wyatt, Jr. et al.; In the United States District Court for 

the Southern District of Texas, Houston Division. The hearing was 

held on September 17, 2015.

 Preparation for hearing on motion to dismiss in No. 416-04639-

2014; Hasmukh Patel v. Kirit Patel; In the 416th Judicial District 

Court of Collin County, Texas. The hearing was originally 

scheduled for September 18, 2015 (rescheduled).

 Preparation for hearing on multiple motions and trial in No. 2009-

60726, Exxon Mobile Corporation v. Trade Exploration Corp., et 

al., In the 189th Judicial District Court of Harris County, Texas.

The hearing originally scheduled for September 11, 2015, but was 

rescheduled by court for September 25, 2015.

 Preparation for trial in No. 4:13-cv-02532; The City of Houston, 

Texas v. Xerox State and Local Solutions, Inc., a/k/a and f/k/a ACS 

State and Local Solutions, Inc.; In the United States District Court 

for the Southern District of Texas, Houston Division. The pretrial 

conference is set for October 8, 2015, and trial begins on October 

13, 2015.
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Additionally, appellate counsel, Russell Post, has been and continues to be 

engaged in other litigation with imminent deadlines that will prevent him from 

completing the brief before the present deadline, including, but not limited to, the 

following:

 Preparation for presentation of oral argument in No. 13-0961; 

Occidental Chemical Corporation v. Jason Jenkins; In the Texas 

Supreme Court. Oral argument was held on September 3, 2015.

 Preparation of brief of appellee in 15-20030; Environment Texas 

Citizen Lobby, Inc., et al. v. ExxonMobil Corporation, et al.; In the 

United States Court of Appeals for the Fifth Circuit. The brief was 

filed on September 10, 2015, after two extensions.

 Assistance with preparation of reply brief in No. 05-14-01383-CV; 

Enterprise Products Partners, L.P., et al. v. Energy Transfer 

Partners, L.P.; In the Fifth Court of Appeals. The reply brief was 

filed on September 18, 2015, after two extensions.

 Preparation for presentation of oral argument in No. 15-0146; 

Doris Forte, O.D., et al. v. Wal-Mart Stores, Incorporated; In the 

Texas Supreme Court. The argument was held on September 23, 

2015, in Austin, Texas.

 Preparation of brief of appellant in No. 03-15-00248-CV; Brigham 

Exploration Company, et al v. Raymond Boytim, et al.; In the 

Third Court of Appeals. The brief is due to be filed on or before 

September 29, 2015, after two extensions.

 Preparation of jury charge and trial in No. 2013-61098; Scott D. 

Martin and SKM Partnership, Ltd. v. Andrews Kurth LLP; In the 

234th Judicial District Court of Harris County, Texas. The jury 

charge is due on September 28, and the trial begins on October 5, 

2015.

 Preparation of brief of appellee in No. 01-15-00306-CV; Hercules 

Offshore Services, LLC, et al. v. George True Tillman; In the First 

Court of Appeals. The brief is due to be filed on or before October 

14, 2015.
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 Preparation for presentation of oral argument in No. 05-14-01148-

CV; Greenwood Motor Lines, Inc., et al. v. Bobbie Bush; In the 

Fifth Court of Appeals. Oral argument is scheduled for October 

20, 2015, in Dallas, Texas.

6. This motion is not filed for the purpose of delay, but to allow counsel 

adequate time to prepare the brief.

For these reasons, Appellant requests that this Court grant an extension of 

time to file his brief until October 26, 2015.

Respectfully submitted,

BECK REDDEN LLP

By: /s/ David J. Beck

David J. Beck

State Bar No. 00000070

dbeck@beckredden.com

Russell S. Post

State Bar No. 00797258

rpost@beckredden.com

Troy Ford

State Bar No. 24032181

tford@beckredden.com

Owen J. McGovern

State Bar No. 24092804

omcgovern@beckredden.com

1221 McKinney, Suite 4500

Houston, TX 77010

(713) 951-3700

(713) 951-3720 (Fax)

Attorneys for Appellant
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CERTIFICATE OF CONFERENCE

I certify that my office conferred with Counsel for Appellee, and Appellee 

does not oppose the requested extension.

/s/ David J. Beck

David J. Beck

CERTIFICATE OF SERVICE

I hereby certify that on September 24, 2015, a true and correct copy of the 

above and foregoing motion was forwarded to all counsel of record by the 

Electronic Filing Service Provider as follows:

Bennett L. Stahl

CURL STAHL GEIS

700 N. St. Mary’s St., Suite 1800

San Antonio, TX 78205

blstahl@csg-law.com

Emily Harrison Liljenwall

SCHOENBAUM, CURPHY & SCANLAN, P.C.

112 E. Pecan, Suite 3000

San Antonio, TX 78205

eliljenwall@scs-law.com

Harriet O’Neill

LAW OFFICE OF HARRIET O’NEILL, P.C.

919 Congress Ave., Suite 1400

Austin, TX 78701

honeill@harrietoneilllaw.com

Douglas Alexander

ALEXANDER, DUBOSE,JEFFERSON &

TOWNSEND LLP

515 Congress Ave., Suite 2350

Austin, TX 78701

dalexander@adjtlaw.com

Attorneys for Appellee Renee Benson

Ellen B. Mitchell

DYKEMA COX SMITH

112 E. Pecan St., Suite 1800

San Antonio, TX 78205

emitchell@dykema.com

Attorneys for Co-Receiver 

Phil Hardberger

Steven R. Brook

Langley & Banack, Inc.

745 E. Mulberry, Ste. 900

San Antonio, TX 78212

sbrook@langleybanack.com

Attorneys for Co-Receiver

Arthur H. Bayern

/s/ David J. Beck

David J. Beck