ACCEPTED 04-14-00758-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 2/5/2015 8:17:50 AM KEITH HOTTLE CLERK NO. 04-14-00758-CV FILED IN IN THE COURT OF APPEALS 4th COURT OF APPEALS SAN ANTONIO, TEXAS FOURTH COURT OF APPEALS DISTRICT OF TEXAS SAN ANTONIO, TEXAS 02/5/2015 8:17:50 AM KEITH E. HOTTLE Clerk JOHN A. LANCE, DEBRA L. LANCE, F.D. FRANKS AND HELEN FRANKS APPELLANTS V. JUDITH AND TERRY ROBINSON, GARY AND BRENDA FEST, VIRGINIA GRAY, BUTCH TOWNSEND AND BEXAR-MEDINA-ATASCOSA COUNTIES WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 APPELLEES

APPELLANTS’ UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ BRIEF

TO THE HONORABLE JUSTICES OF THE COURT: JOHN A LANCE, DEBRA L. LANCE, F.D. FRANKS and HELEN FRANKS, Appellants, submit their First Unopposed Motion for Extension of Time to File Appellants’ Brief and in support of this motion state as follows: 1. Appellants’ Brief is due February 5, 2015.

2. This motion is filed prior to the expiration of this due date.

3. The undersigned has conferred with the attorneys for Appellees and this motion is unopposed.

4. Appellants request an additional thirty (30) days to file their Appellants’ Brief, extending the time to March 9, 2015 (the first business day following the expiration of 30 days).

5. No extension has previously been granted.

6. The undersigned is responsible for the preparation of Appellants’ Brief. The undersigned has been engaged in discovery and complex motion practice in Union Pacific Railroad Company v. Fiberlight, LLC, Eagle 1 Resources and David L. Thomas, Cause No. 2014-CI-08880, pending in district court in Bexar County; responding to a petition for review in Sloan v. Law Office of Oscar C. Gonzalez, Inc., No. 14-1015; preparing multiple summary judgment responses in Dimmit Wood Properties, Ltd. v. Chesapeake Exploration, LLC, et. al, No. 13- 10-12107-DCV-AJA, pending in the 365th District Court, Dimmit County; and preparing for trial in Sharif & Munir Enterprises, Inc. et al v. Laguna Madre Construction, Inc. and Hope Lumber & Supply Company, No. 2012-DCL-6341-G, pending in the 404th District Court, Cameron County. This extension request is not filed for purposes of delay.

PRAYER Appellants ask this Court to grant their motion extending the deadline to file their Appellants’ Brief to March 9, 2015.

Respectfully submitted, Cynthia Cox Payne Texas Bar No. 24001935 P.O. Box 1178 1118 Main Street Bandera, TX 78003 (830) 796.7030 – Phone (830) 796.7945 – Fax [email protected] John D. Payne Texas Bar No. 15658500 P.O. Box 1178 1118 Main Street Bandera, TX 78003 (830) 796.7030 – Phone (830) 796.7945 – Fax [email protected] LAW OFFICE OF DAN POZZA E. Commerce Street San Antonio, TX 78205 (210) 226-8888 – Phone (210) 224-6373 – Fax [email protected]

/s/Dan Pozza State Bar No. 16224800 ATTORNEYS FOR APPELLANTS

CERTIFICATE OF SERVICE I hereby that a true and correct copy of the above and foregoing document has been delivered via e-mail transmission on this 5th day of February, 2015, to: Stephan B. Rogers Ross S. Elliott Rogers & Moore Water Street, Suite 114 Boerne, Texas 78006 Attorney for Plaintiffs [email protected] Attorneys for Judith and Terry Robinson, Gary and Brenda Fest, Virginia Gray and Butch Townsend Edward Hecker GOSTOMSKI & HECKER Urban Loop San Antonio, Texas 78204 [email protected] Attorney for Bexar-Medina-Atascosa Counties Water Control and Improvement District No. 1

/s/Dan Pozza