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NO. 04-14-00786-CV 

IN THE COURT OF APPEALS 

FOR THE FOURTH JUDICIAL DISTRICT 

SAN ANTONIO, TEXAS 

DON C. RESER, 

Appellant 

V. 

WINIFRED BISHOP, 

 Appellee 

Appealed from Probate Court No. 2, Bexar County, Texas 

__________________________________________________________________ 

APPELLEE’S OBJECTION AND OPPOSITION TO APPELLANT’S

MOTION FOR EXTENSION OF TIME

“TO RESPOND TO MOTION TO DISMISS APPEAL” 

James T. Clancy Audrey Mullert Vicknair 

State Bar No. 00795292 State Bar No. 14650500 

jclancy@branscombpc.com avicknair@vicknairlaw.com

Clinton W. Twaddell, III LAW OFFICE OF AUDREY MULLERT 

State Bar No. 24071537 VICKNAIR 

ctwaddell@branscombpc.com 802 N. Carancahua Ste. 1350 

BRANSCOMB|P.C. Corpus Christi, TX 78401-0022 

802 North Carancahua, Suite 1900 (361) 888-8413; (361) 887-6207 (fax) 

Corpus Christi, Texas 78401-0036 

(361) 886-3800; (361) 888-8504 (fax) 

ATTORNEYS FOR APPELLEE WINIFRED ANN BISHOP

ACCEPTED

04-14-00786-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

3/5/2015 11:27:54 AM

KEITH HOTTLE

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 03/5/2015 11:27:54 AM KEITH E. HOTTLE Clerk
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TO THE HONORABLE FOURTH COURT OF APPEALS: 

 Comes now Appellee Winifred Ann Bishop in her individual capacity and as 

Independent Executor of the Estate of Luellea C. Hardie and as Trustee of the Don 

C. Reser Trust (“Bishop”), and files this Objection and Opposition to Appellant’s 

Motion for Extension of Time “to Respond to Appellee’s Motion to Dismiss 

Appeal,” and would respectfully show: 

It appears that Appellant is confused about the Court Order to which he is 

supposed to respond. Bishop’s motion to dismiss was ruled on by this Court over 

30 days ago. A response to that motion was indeed filed, after two extensions of 

time to which Bishop agreed (those motions included the same December 2014 trial 

and other obligations cited as the basis for the current motion). 

Over 30 days after Reser filed his Response to the motion to dismiss, this 

Court entered an order on February 2, 2015 ruling that “Appellant cannot rely on 

Rule 306a(4) to extend the time period for filing a notice of appeal.” (Order, 

February 2, 2015) “The court, however, has not determined whether appellant’s 

notice of appeal may be construed as a notice of restricted appeal under Rule 30.” 

(Id.) Appellant was “ORDERED to show cause in writing showing that this Court 

has jurisdiction . . . under Rule 30.” (Id.) 

Appellant now files a motion for extension to time to respond to the original 

motion to dismiss, suggesting that no response had been filed to that motion when a 
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response was indeed filed and considered by this Court. Appellant says nothing 

about the current Show Cause Order, the deadline to respond to which expired over 

15 days ago. 

Bishop objects to and opposes any extension of time to respond -- a second 

time -- to a motion to dismiss that has long since been ruled on by the Court. Bishop 

would also note that given this is an appeal from a summary judgment order, clearly 

Appellant was present and participated in the case, so Rule 30 does not apply. The 

appeal must be dismissed. 

The motion and order timeline is as follows: 

12/3/14 - Motion to Dismiss filed by Bishop 

12/9/14 - Reser granted first extension of time to respond to Motion to Dismiss 

to 12/23/14 (Bishop did not oppose the extension) 

12/18/14 - Reser granted second extension of time to respond to Motion to 

Dismiss to 12/31/14 (again Bishop did not oppose the extension)

12/23/14 – Reser files his Response to Bishop’s Motion to Dismiss 

2/2/15 – This Court issues its Order holding that Rule 306a(4) does not apply 

to extend the time to file the notice of appeal, and orders that Appellant show cause 

that a Rule 30 appeal is available; Appellant has “15 days from the date of this 

Order” to comply. Deadline: 2/17/15. 
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2/3/15 – Reser’s counsel – past and present -- file a Notice of Appearance with 

this Court, notifying it that Mr. Hoelke will be taking over representation; Mr. 

Hoelke signs that Notice. 

2/17/15 - deadline for Reser to show cause in writing that this Court has 

jurisdiction to retain this appeal on the docket under Rule 30. No action by Reser. 

3/4/15 – 15 days after the deadline to show cause, Reser files MFET to 

respond to Motion to Dismiss that had already been ruled on by the Court on 

February 2, 2015. Reser makes no mention of the Show Cause Order. 

Bishop objects to Appellant’s motion to extend time to file a response to a 

motion that was ruled on by the Court over 30 days ago. Bishop also objects to any 

extension of time to respond to the Court’s Show Cause Order. The deadline to file 

a written response showing that Rule 30 applies (it does not) expired over 15 days 

ago. 

PRAYER 

WHEREFORE, Appellee Winifred Bishop, in her individual and fiduciary 

capacities, prays this Court to deny Appellant’s motion for extension of time, and 

dismiss this appeal. Bishop prays for all other relief to which she may be justly 

entitled. 
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 Respectfully submitted, 

 Audrey Mullert Vicknair 

Audrey Mullert Vicknair 

 State Bar No. 14650500 

LAW OFFICE OF AUDREY MULLERT VICKNAIR

 802 N. Carancahua Ste. 1350 

 Corpus Christi, TX 78401-0022 

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

 avicknair@vicknlaw.com

James T. Clancy 

 State Bar No. 00795292 

 jclancy@branscombpc.com

 Clinton W. Twaddell, III 

State Bar No. 24071537 

ctwaddell@branscombpc.com 

BRANSCOMB | PC 

 802 N. Carancahua, Suite 1900 

 Corpus Christi, Texas 78401-0036 

 (361) 886-3800; (361) 886-3805 (fax) 

 Lawrence J. Souza 

 State Bar No.: 18863500 

 802 S. St. Mary’s Street 

 San Antonio, TX 78205-3401 

 Telephone: (210) 270-7870 

 Facsimile: (210) 225-5752 

 ATTORNEYS FOR WINIFRED ANN 

BISHOP, INDIVIDUALLY, AND AS 

INDEPENDENT EXECUTOR OF THE 

ESTATE OF LUELLA C. HARDIE, 

DECEASED AND THE TRUSTEE OF THE 

DON C. RESER TRUST 
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CERTIFICATE OF SERVICE

 I certify that the foregoing was forwarded to counsel of record, as shown 

below, on March 5, 2015, in accordance with the Texas Rules of Appellate and Civil 

Procedure. 

Frederick F. Hoelke 

26545 IH-10 West, Suite 100 

Boerne, Texas 78006 

Roy R. Barrera Jr. 

Nicholas & Barrera, P.C. 

424 Easy Nueva St. 

San Antonio, TX 78205 

By tex.gov e-filing 

/s/ Audrey Mullert Vicknair 

Audrey Mullert Vicknair