Shirley Hale Mathis v. Leticia R. Benavides ( 2015 )

ACCEPTED
04-15-00555-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
11/30/2015 6:42:56 PM
KEITH HOTTLE
CLERK
No. 04-15-00555-CV
FILED IN
4th COURT OF APPEALS
In the SAN ANTONIO, TEXAS
Fourth Court of Appeals 11/30/2015 6:42:56 PM
at San Antonio KEITH E. HOTTLE
Clerk
____________________
Shirley Hale Mathis,
permanent guardian of the estate of Carlos Y. Benavides Jr.,
Appellant,
vs.
Leticia R. Benavides,
Appellee.
____________________
From the 49th District Court of Webb County
Cause No. 2012-CVQ-000161-D3A & 2015-CVQ-003089-D1
Appellant’s Opposed First Motion for
Extension of Time to File Merits Brief
Baldemar Garcia Jr.
State Bar No. 00790740
PWBM, LLP
602 East Calton Road, 2nd Floor (78041)
P. O. Drawer 6668 (78042)
Laredo, Texas
voice 956.727.4441
facsimile 956.727.2696
counsel for appellant Shirley Hale Mathis,
permanent guardian of the estate of Carlos Y. Benavides Jr.
No. 04-15-00555-CV
Shirley Hale Mathis,
permanent guardian of the estate of Carlos Y. Benavides Jr.,
Appellant,
vs.
Leticia R. Benavides,
Appellee.
Appellant’s Opposed First Motion for Extension
of Time to File Merits Brief
To the Honorable Fourth Court of Appeals:
Now Comes appellant Shirley Hale Mathis, as the prior temporary guardian of
the person and estate and as current permanent guardian of the estate of
Carlos Y. Benavides Jr., and files this opposed first motion for extension of
time to file her brief, and in support thereof, would respectfully show unto the
Appellate Court as follows, to-wit:
1. Shirley Hale Mathis, the previous temporary guardian of the person and
estate and present permanent guardian of the estate of Carlos Y. Benavides Jr.,
is the appellant. Leticia R. Benavides is the appellee.
2. No rule limits the time within which to file a motion to extend. TEX. R.
APP. P. 38.6(d).
Page 2 of 6
3. Counsel for appellant has conferred with counsel for appellee, and this
first motion for extension is opposed.
4. The Court may extend the time within which to file a brief under the
authority of Texas Rules of Appellate Procedure 38.6(d), 10.5(b).
5. Appellant’s brief on the merits is due on November 30, 2015. Counsel
for appellant requests an extension to file his brief, which would extend the
time to file until December 30, 2015. Appellant’s brief on the related
supersedeas issues and associated temporary relief is due December 4, 2015.
6. This is appellant’s first request for an extension of time.
7. Counsel for appellant requests an extension of time so that he may have
an adequate opportunity to prepare his merits brief. In the thirty days, since the
clerk’s record was filed on October 29, 2015, counsel for appellant was required
to:
• Speak at the Trinity Minerals Management breakfast seminar in San
Antonio, Texas;
• Depose a corporate representative in a Hydrogen Sulfide trespass case,
being Cause No. M-14-0029-CV-C, styled Leo O. Quintanilla, et al., vs.
Regency Field Services, LLC, et al., currently pending in the 343rd District
Court, McMullen County, Texas;
• Respond to a motion for leave to amend complaint to add a non-diverse
defendant in federal litigation involving a shipping dispute, being Civil
Page 3 of 6
Action No. 5:15-cv-223, styled Ragar Transportation, Ltd. v. Lear
Corporation, Ryder Integrated Logistics, Inc., and Penske Logistics, LLC,
currently pending in the United States District Court, Southern District
of Texas, Laredo Division; and
• Appear at a hearing to set supersedeas and then seek temporary relief
and prepare a supporting brief related to this instant Appeal, being
Cause No. 2012-CVQ-000161-D3A and Cause No. 2015-CVQ-003089-
D1, styled Leticia R. Benavides vs. Shirley Hale Mathis, currently pending in
the 49th District Court, Webb County, Texas and Appeal No. 04-15-
00555-CV, styled Shirley Hale Mathis v. Leticia R. Benavides, currently
pending before the Fourth Court of Appeals sitting in San Antonio,
Texas.
8. The court’s $10.00 filing fee is being paid contemporaneously with the
filing of this motion. Notes and Comments, Rule 3, Local Rules of the Fourth
Court of Appeals.
9. Wherefore, Premises Considered, counsel for appellant Shirley Hale
Mathis respectfully request this Honorable Court to consider this request for
additional time for the filing of her merits brief.
Page 4 of 6
Respectfully submitted,
/s/
Baldemar Garcia Jr.
State Bar No. 00790740
Attorney in charge for appellant Shirley Hale Mathis,
permanent guardian of the estate of Carlos Y. Benavides Jr.
PWBM, LLP
602 East Calton Road, 2nd Floor (78041)
P. O. Drawer 6668 (78042-6668)
Laredo, Texas
voice 956.727.4441
facsimile 956.727.2696
Certificate of service
Appellant’s opposed 1st motion for extension of time to file merits brief was
served by e-mail, facsimile, or certified mail, return receipt requested, on all
counsel of record on November 30, 2015. TEX. R. CIV. P. 21, 21a.
Carlos M. Zaffirini
Guadalupe Castillo
Zaffirini & Castillo
1407 Washington Street
P. O. Box 627
Laredo, Texas 78042-9526
facsimile 956.727.4448
counsel for appellant Leticia R. Benavides
Page 5 of 6
Shirley Hale Mathis
Shirley Hale Mathis, P.C.
809 Victoria Street
Laredo, Texas 78040
facsimile 956.725.6546
permanent guardian of the estate of C.Y. Benavides Jr.
Fernando A. Sanchez Jr.
401 E. Hillside Road
Laredo, Texas 78041
facsimile 956.725.4594
fslawoffice96@gmail.com
co-trial counsel for Shirley Hale Mathis
Jesse Guillen
Guillen & Gonzalez, PC
1202 Corpus Christi
Laredo, Texas 78041
facsimile 956.791.9502
attorney ad litem for C. Y. Benavides Jr.
Adriana Benavides Maddox
Edward F. Maddox
Benavides Maddox, PC
1015 Scott Street
Laredo, Texas 78040
facsimile 956.791.3010
adriana@benmadlaw.com
(counsel for Linda Christina Benavides Alexander, Guillermo Benavides, Ranch
Viejo Cattle Company, Ltd., Benavides Management, LLC)
/s/
Baldemar Garcia Jr.
Page 6 of 6