### 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

### 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 inthe 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 thetrial court. 9. Apellant requests anextension oftime to fileAppellant's briefuntil 20 days after the complete record is filed. C.PRAYER 10. For these reasons, Appellant asks the Court to grant an extension oftime to fileher brief until 20 days after the complete record is filed. Respectfully submitted,

/s/Judith R. Blakeway Judith R. Blakeway State BarNo. 02434400 STRASBURGER &PRICE, LLP 

### 300 Convent Street, Suite 900 SanAntonio, 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 ofNovember, 2015, the undersigned conferred with counsel for Appellee Mollie Ann Childs and Appellant Susan K. Childs Addison, and they have no opposition tothis motion for extension oftime.

lsiJudith R. Blakewav JUDITH R. BLAKEW AY

CERTIFICATE OF SERVICE

I hereby certify that on the 2nd day ofNovember, 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 ofthe Texas Rules ofCivil Procedure, addressed as follows: Rudy A. Garza rugar@hfgtx.com Charles M. Hornberger boxy@hfgtx.com David Jed Williams jwilliams(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 10West #101 San Antonio, Texas 78230 baw3(a)wallislawsa.com Attorneysfor Defendant Susan Kaye ChildsAddison

Attorneysfor Plaintiff Mollie Allen Childs



### lsiJudith R. Blakeway JUDITH R. BLAKEWAY

3 J980820. J/SPSA/34092/0 J0211J02J5

# EXHIBIT AACCEPTED 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 ofMarjorieA. 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 ofJuly 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 ofthe 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 ofJune 26,2015 deposition ofMike 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, seMs. Teresa Guerra

Court ClerkProbateCourtNo.2 October 30,2015 Page 2

Exhibit F: Transcript ofJune 26, 2015 deposition ofJames Randy Beck, with Exhibits 1-5; Exhibit G: Transcript of June 16, 2012 recorded conversation between Pamela McCaskill andMarjorie A. Childs; Exhibit H~Documents produced by CPA Mike Donelson which were previously withheld asprivileged; Exhibit I: 1993TrustAgreement; Exhibit 

### J: Plaintiff's original and amended responses to Defendant Pamela McCaskill's Request forProduction; Exhibit K: Plaintiff's First Amended Petition and Answer to Counterclaims of Susan Kaye Addison andPamela Ann Childs McCaskill; Exhibit L: Transcript of the August 20, 2015 deposition of Frances Perkins, with exhibits 1-5. 1am requesting thatthe Clerk's Recordbesupplemented withthese exhibits. By copy ofthis letter, Iam notifying allcounsel ofrecord ofthis request, as well asthe Court ofAppeals. Respectfully submitted,

STRASBURGER & PRICE, LLP By: 

### lsiJudith R. Blakeway JUDITH 

### R. BLAKEWAY State

### BarNo. 02434400 judith.blakeway@strasburger.com 2301 Broadway SanAntonio, Texas 78215 Telephone: (210) 250-6000 Facsimile: (210)250-6100 ATTORNEYS FOR APPELLANT PAMELA ANNCHILDS McCASKILL

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

Court Clerk Probate Court No.2 October 30, 2015 Page 3
CERTIFICATE OFSERVICE I hereby 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 asfollows: 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 PlaintiffMollieAllen Childs Ben A. Wallis, III Ben 

### A. Wallis Law 

### PC 8200IH 10West #101 San Antonio, Texas 78230 baw3 (a),wallisJawsa.com Attorneysfor Defendant SusanKaye ChildsAddison

/s/Judith R.Blakeway Judith R. BJakeway