NO. 4-15-00623-CV

IN THE COURT OF APPEALS

FOR THE FOURTH DISTRICT OF TEXAS

AT SAN ANTONIO

IN RE ESTATE OF MARJORIE A. CHILDS

On Appeal from Probate Court No 2,

Bexar County, Texas

APPELLANT PAMELA ANN CHILD'S

UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF

Pamela Ann Childs ask this Court to extend the time to file her brief.

A. INTRODUCTION

1. Appellants are Pamela Ann Childs and Susan K. Addison; Appellee is

Mollie Ann Childs.

2. This is a permissive interlocutory appeal.

3. The parties have agreed to this motion.

4. On October 23, 2015, this Court granted permission to appeal from an

interlocutory order, and ordered Appellants to file their briefs on November 12,2015.

B. ARGUMENT AND AUTHORITIES

5. This Court has authority under Texas Rule of Appellate Procedure 38.6(d)

to extend the time to file a brief.

6. The record was filed, but when counsel for Appellant reviewed the record,

she discovered that the record is missing over 2,300 pages from Appellant's response to

Appellee's motion for summary judgment.

ACCEPTED

04-15-00623-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

11/2/2015 4:25:46 PM

KEITH HOTTLE

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 11/2/2015 4:25:46 PM KEITH E. HOTTLE Clerk
7. Accordingly, on October 30, Appellant requested the court clerk to file a

supplemental clerk's record, including the exhibits to Appellant's response to the motion

for summary judgment which were not included in the clerk's record filed with the Court.

A true and correct copy of the Request for Supplemental Record is attached hereto

marked Exhibit A.

8. Appellant cannot complete her brief-and this Court cannot evaluate

whether the trial court erred in granting summary judgment-without reviewing the

complete record that was before the trial court.

9. Apellant requests an extension oftime to file Appellant's briefuntil 20 days

after the complete record is filed.

C.PRAYER

10. For these reasons, Appellant asks the Court to grant an extension of time to

file her brief until 20 days after the complete record is filed.

Respectfully submitted,

/s/ Judith R. Blakeway

Judith R. Blakeway

State Bar No. 02434400

STRASBURGER & PRICE, LLP

300 Convent Street, Suite 900

San Antonio, Texas 78205

(210) 250-6004 Telephone

(210) 258-2706 Facsimile

judith.blakeway@strasburger.com

ATTORNEYS FOR APPELLANT

2
CERTIFICATE OF CONFERENCE

On the 2nd day of November, 2015, the undersigned conferred with counsel for

Appellee Mollie Ann Childs and Appellant Susan K. Childs Addison, and they have no

opposition to this motion for extension oftime.

lsi Judith R. Blakewav

JUDITH R. BLAKEW AY

CERTIFICATE OF SERVICE

I hereby certify that on the 2nd day of November, 2015, a true and correct copy of the

above and foregoing Motion to Extend Time to File Brief has been transmitted in accordance

with the requirement of the Texas Rules of Civil Procedure, addressed as follows:

Rudy A. Garza

rugar@hfgtx.com

Charles M. Hornberger

boxy@hfgtx.com

David Jed Williams

j will iams(a)hfgtx. com

Stephanie L. Curette

scurette(a)hfgtx.com

Hornberger Sheehan Fuller & Garza, Inc.

The Quarry Heights Building

7373 Broadway, Suite 300

San Antonio, Texas 78209

Telephone: (210) 271-1700

Facsimile: (210) 271-1730

Ben A. Wallis, III

Ben A. Wallis Law PC

8200 IH 10 West #101

San Antonio, Texas 78230

baw3(a)wallislawsa.com

Attorneys for Defendant

Susan Kaye Childs Addison

Attorneys for Plaintiff Mollie Allen Childs

lsi Judith R. Blakeway

JUDITH R. BLAKEW AY

3

J 980820. J/SPSA/34092/0 J 0211 J 02 J 5
EXHIBIT A
ACCEPTED

04-15-00623-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

10/30/2015 5:43:53 PM

KEITH HOTTLE

CLERK

October 30, 2015

JUDITH R. BLAKEWAY

210.250.6001

judith.blakeway@strasburger.com

REQUEST FOR DOCUMENTS TO BE INCLUDED

IN SUPPLEMENTAL CLERK'S RECORD

TO: Ms. Teresa Guerra

Court Clerk, Probate Court No, 2

100 Dolorosa, Room 117

San Antonio, Texas 78205

FR: Judith R. Blakeway

Attorney for Appellant, Pamela Ann Childs McCaskill

RE: Defendant's request for documents to be included in the clerk's record for Cause No.

20 14-PC-0056; In the Estate of Marjorie A. Childs, Deceased, in the Probate Court No.2

of Bexar County, Texas

On October 2, 2015, Defendants filed a request for documents to be included in the

Clerk's Record. Among the documents requested was Defendant Pamela Ann Child McCaskill's

Response to Plaintiff s Cross Motion for Partial Summary Judgment and No Evidence Motion

for Partial Summary Judgment, filed on September 11, 2015. Attached and e-filed with the

response were the following exhibits which were not included in the Clerk's record filed with the

Court:

1. All deposition exhibits (Nos. 27-60) to Exhibit B (Transcript of July 29, 2015 deposition

of Mollie Allen Childs). (Exhibits are linked to that transcript and can be easily accessed

either by clicking on the highlighted exhibit numbers at page 4 of the transcript, or by

clicking on the paper clip icon for attachments to the left of the screen).

2. Remaining Parts 4 - 14 of Pamela McCaskill's response to Motion for Summary

Judgment, which include the final portion of Exhibit E, as well as Exhibits F-L. (These

missing chunks are designated separately on the court's docket as Parts 4-14 of Pamela

McCaskill's response):

Exhibit E: Transcript of June 26,2015 deposition of Mike Donelson (beginning at Filing

Part 4, marked p. 203);

Strasburger & Price, LLP

23~~tRh!lif.d:m:i~4D9¥j08'att~LUnio,Texas 78215- 1157 I 210.250.6000 tel I 210.250.6100 fax I www.strasburger.com

Austin Collin County Dallas Houston San Antonio I New York I Washington, D.C. Mexico City- Strasburger & Price, se
Ms. Teresa Guerra

Court Clerk Probate Court No.2

October 30,2015

Page 2

Exhibit F: Transcript of June 26, 2015 deposition of James Randy Beck, with Exhibits

1-5;

Exhibit G: Transcript of June 16, 2012 recorded conversation between Pamela

McCaskill and Marjorie A. Childs;

Exhibit H~ Documents produced by CPA Mike Donelson which were previously

withheld as privileged;

Exhibit I: 1993 Trust Agreement;

Exhibit J: Plaintiff's original and amended responses to Defendant Pamela McCaskill's

Request for Production;

Exhibit K: Plaintiff's First Amended Petition and Answer to Counterclaims of Susan

Kaye Addison and Pamela Ann Childs McCaskill;

Exhibit L: Transcript of the August 20, 2015 deposition of Frances Perkins, with

exhibits 1-5.

1 am requesting that the Clerk's Record be supplemented with these exhibits.

By copy of this letter, Iam notifying all counsel of record of this request, as well as the

Court of Appeals.

Respectfully submitted,

STRASBURGER & PRICE, LLP

By: lsi Judith R. Blakeway

JUDITH R. BLAKEWAY

State Bar No. 02434400

judith.blakeway@strasburger.com

2301 Broadway

San Antonio, Texas 78215

Telephone: (210) 250-6000

Facsimile: (210) 250-6100

ATTORNEYS FOR APPELLANT

PAMELA ANN CHILDS McCASKILL

1980643 1 SPSAiJ4092!O 102' 1030 15
Ms. Teresa Guerra

Court Clerk Probate Court No.2

October 30, 2015

Page 3

CERTIFICATE OF SERVICE

Ihereby certify that on the 30th day of October, 2015, a true and correct copy of the

above and foregoing Request for Documents to be Included in the Clerk's Record has been

transmitted in accordance with the requirement of the Texas Rules of Civil Procedure, addressed

as follows:

Rudy A. Garza

rugar@hfgtx.com

Charles M. Hornberger

boxy@hfgtx.com

David Jed Williams

jwilliams(@,hfgtx.com

Stephanie L. Curette

scurette!@hfgtx.com

Hornberger Sheehan Fuller & Garza, Inc.

The Quarry Heights Building

7373 Broadway, Suite 300

San Antonio, Texas 78209

Telephone: (210) 271-1700

Facsimile: (210) 271-1730

Attorneysfor Plaintiff Mollie Allen Childs

Ben A. Wallis, III

Ben A. Wallis Law PC

8200IH 10 West #101

San Antonio, Texas 78230

baw3 (a),wallisJawsa.com

Attorneys for Defendant

Susan Kaye Childs Addison

/s/ Judith R. Blakeway

Judith R. BJakeway