Estate of Shirley L. Benson ( 2015 )

ACCEPTED
04-15-00087-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
6/16/2015 3:48:26 PM
KEITH HOTTLE
CLERK
NO. 04-15-00087-CV
FILED IN
4th COURT OF APPEALS
IN THE COURT OF APPEALS FOR THE SAN ANTONIO, TEXAS
FOURTH DISTRICT OF TEXAS AT SAN ANTONIO
06/16/2015 3:48:26 PM
KEITH E. HOTTLE
Clerk
ESTATE OF SHIRLEY L. BENSON
THOMAS MILTON BENSON, JR.,
AS TRUSTEE OF THE
SHIRLEY L. BENSON TESTAMENTARY TRUST,
Appellant
v.
RENEE BENSON,
Appellee
On Interlocutory Appeal from Probate Court No. 2,
Bexar County, Texas
Cause Nos. 155,172 and 155,172-A
UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF
TO THE HONORABLE JUSTICES OF THIS COURT:
Appellee Renee Benson submits this unopposed motion for extension of time to file brief,
pursuant to TRAP 10.5(b) and states as follows.
1. This is an interlocutory appeal from the trial court’s “Amended Order Granting
Injunction, Suspending Trustee and Appointing Limited Temporary Co-Receivers
with Restrictions” signed February 18, 2015. Appellant’s Brief was filed March
6, 2015. Several days later Appellant Thomas Milton Benson, Jr. as Trustee
1
UNOPPOSED MOTION FOR EXTENSION
OF TIME TO FILE APPELLEE’S BRIEF
removed this case to federal court, automatically divesting this Court of
jurisdiction. On March 30, 2015, in light of the removal to federal court, this
Court decreed this appeal abated and treated for administrative purposes as a
closed case unless and until reinstated upon issuance of a remand order from the
federal court.
2. The federal court on June 9, 2015 issued an order granting Renee Benson’s
motion to remand this case to state court. On June 12 Appellant submitted a letter
informing this Court of such remand. Pursuant to Appellant’s letter, Appellee’s
brief would be due 14 days later, on June 26, 2015.
3. Appellee requests an extension to July 10, 2015 of her due date for the filing of
Appellee’s Brief. This request is due to several factors, including the complexity
of the issues, and the workload and schedules of Appellees’ counsel.
4. There have been no extensions previously granted Appellee.
5. The undersigned counsel conferred with opposing counsel, David Beck, Esq.,
concerning this request. Appellant’s counsel stated in an email that this request
for extension will not be opposed.
WHEREFORE, Appellee Renee Benson respectfully requests that the due date for her
Appellee’s Brief be extended to July 10, 2015.
2
UNOPPOSED MOTION FOR EXTENSION
OF TIME TO FILE APPELLEE’S BRIEF
Respectfully submitted,
/s/ Bennett L. Stahl
Bennett L. Stahl Harriet O’Neill
State Bar No. 19006500 State Bar No. 00000027
blstahl@csg-law.com honeill@harrietoneilllaw.com
CURL STAHL GEIS LAW OFFICE OF
A PROFESSIONAL CORPORATION HARRIET O’NEILL, P.C.
One Riverwalk Place 919 Congress Avenue, Suite 1400
700 North St. Mary’s Street, Ste. Austin, Texas 78701
1800 Telephone: (512) 944-2222
San Antonio, Texas 78205 Telecopier: (512) 476-6441
Telephone: (210) 226-2182
Telecopier: (210) 226-1691 Douglas W. Alexander
State Bar No. 00992350
Emily Harrison Liljenwall dalexander@adjtlaw.com
State Bar No. 12352250 Amy Warr
eliljenwall@scs-law.com State Bar No. 00795708
SCHOENBAUM, CURPHY awarr@adjtlaw.com
& SCANLAN, P.C. ALEXANDER DUBOSE
112 E. Pecan, Suite 3000 JEFFERSON & TOWNSEND LLP
San Antonio, Texas 78205 515 Congress Avenue, Suite 2350
Telephone: (210) 224-4491 Austin, Texas 78701-3562
Telecopier: (210) 224-7983 Telephone: (512) 482-9300
Facsimile: (512) 482-9303
Attorneys for Appellee Renee Benson
3
UNOPPOSED MOTION FOR EXTENSION
OF TIME TO FILE APPELLEE’S BRIEF
CERTIFICATE OF CONFERENCE
The undersigned counsel certifies that on June 15, 2015, I conferred with
David Beck, counsel for Appellant Thomas Milton Benson, Sr., as Trustee of the
Shirley L. Benson Testamentary Trust, regarding this motion for extension of time,
and he indicated that he does not oppose the relief sought in this motion.
/s/ Bennett L. Stahl
Bennett L. Stahl
CERTIFICATE OF SERVICE
On June 16, 2015, I electronically filed this Brief of Appellee with the Clerk
of the Court using the eFile.TXCourts.gov electronic filing system which will send
notification of such filing to the following:
David J. Beck, Esq.
Russell Post, Esq.
Troy R. Ford, Esq.
BECK REDDEN LLP
1221 McKinney Street, Suite 4500
Houston, Texas 77010-2010
Telecopier: (713) 951-3720
dbeck@beckredden.com
rpost@beckredden.com
tford@beckredden.com
/s/ Bennett L. Stahl
Bennett L. Stahl
4
UNOPPOSED MOTION FOR EXTENSION
OF TIME TO FILE APPELLEE’S BRIEF