ACCEPTED 04-14-00807-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 4/17/2015 9:37:43 PM KEITH HOTTLE CLERK No. 04-14-00807-CV In the Court of Appeals for the FILED IN 4th COURT OF APPEALS Fourth Court of Appeals District SAN ANTONIO, TEXAS San Antonio, Texas 04/17/2015 9:37:43 PM KEITH E. HOTTLE Clerk BRADLEY AERY, et al., Appellants, v.

HOSKINS, INC., et al., Appellees.

FROM THE 36TH JUDICIAL DISTRICT COURT OF MCMULLEN COUNTY, TEXAS

MOTION FOR EXTENSION OF TIME TO FILE KULKA APPELLEES’ BRIEF

TO THE HONORABLE JUSTICES OF THE COURT: NOW COME appellees Lee Ann Kulka, Andrea Jurica and Lee Roy Hoskins, III (collectively, “Kulka Appellees”), in accord with Texas Rules of Appellate Procedure 2, 10.5(b) and 38.6(d), respectfully request that the time to file their appellees’ brief be extended for thirty days until May 20, 2015.

1. The judgment form which this appeal is taken was signed by the judge of the 36th Judicial District Court, McMullen County, Texas on October 21, 2014.

Appellants’ Notice of Appeal was filed November 14, 2014. By order dated January 23, 2015, this Court deemed that the Clerk’s record was filed.

2. Appellants’ Brief was originally due to be filed on February 23, 2015.

However, Appellants sought and were granted an extension of thirty (30) days in which to file their Brief. Appellants’ brief was timely filed on March 20, 2015.

3. The Kulka Appellees’ brief is currently due on April 20, 2015. The Kulka Appellees respectfully request an extension of thirty (30) days in which to prepare and file their Appellees’ Brief until May 20, 2015. At least two orders have been entered extending the deadline for Co-Appellees to file their briefs until May 20, 2015.

4. This extension of time is requested to allow for coordination among the Appellees and avoid duplication of the briefing presented to this Court. The Kulka Appellees further request this extension because of conflicts associated with counsel’s schedule, as well as other pending matters. Thus, the Kulka Appellees respectfully request a thirty (30) day extension of the deadline to file their brief, or until May 20, 2015.

5. This is the Kulka Appellees’ first request for an extension of time.

This request is not sought for delay, but in order that justice may be done, and in order that the Kulka Appellees may properly review the record, examine and consider the issues raised in Appellants’ brief and adequately address the issues in

this appeal. No party will be harmed if this request for extension of time is granted.

WHEREFORE, appellees Lee Ann Kulka, Andrea Jurica and Lee Roy Hoskins, III respectfully request that this Court grant the Kulka Appellees’ unopposed request for an extension of time to file their Appellees’ Brief until May 20, 2015. The Kulka Appellees pray for such other and further relief to which they may be justly entitled.

Respectfully submitted, JACKSON WALKER L.L.P. E. Pecan Street, Suite 2400 San Antonio, Texas 78205 (210) 978-7700 (210) 978-7790 – Fax

By:______/s/ Julia W. Mann__________ Peter E. Hosey State Bar No. 10027500 Julia W. Mann State Bar No. 00791171 ATTORNEYS FOR APPELLEES LEE ANN KULKA, LEE ROY HOSKINS, III AND ANDREA JURICA

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Lee Ann Kulka, Andrea Jurica, Leroy Hoskins, III’s Motion for Extension of Time to File Appellee’s Brief has been forwarded to all counsel and parties of record, listed below, by via electronic service or email, on this 17th day of April, 2015.

Rosemarie Kanusky Dan Pozza John W. Weber, Jr. LAW OFFICE OF DAN POZZA Jeffrey A. Webb 239 East Commerce Street James Summers San Antonio, Texas 78205 NORTON ROSE FULBRIGHT US LLP [email protected] Convent, Suite 2100 Appellate Counsel for Aery Family San Antonio, Texas 78205 [email protected] [email protected] [email protected] [email protected] Appellate Counsel for the House Family David Ylitalo Marc K. Whyte COATS ROSE PC WHYTE, PLLC 1020 Northeast Loop 410 209 Tuttle Suite 800 San Antonio, Texas 78209 San Antonio, Texas 78209 [email protected] [email protected] Counsel for Aery Family Counsel for Leonard Hoskins Ellen Mitchell John George, Jr. C. David Kinder Matthew F. Wymer Cox Smith BEIRNE, MAYNARD & PARSONS, LLP E. Pecan Street, Suite 1800 112 East Pecan Street, Suite 2750 San Antonio, Texas 78205 San Antonio, Texas 78205 (210) 554-5500 [email protected] (210) 226-8395 – Fax [email protected] Counsel for Aery Family Counsel for C. Clifton Hoskins and Hoskins, Inc.

Jason A. Newman Melanie Hessler Phipps BAKER BOTTS L.L.P. KUSTOFF & PHIPPS, LLP One Shell Plaza 4103 Parkdale Street Louisiana Street San Antonio, Texas 78229-2520 Houston, Texas 77002-4995 [email protected] [email protected] Counsel for Aery Family Counsel for Texoz E&P I, Inc. Benjamin F. Youngblood, III Ezra A. Johnson BENJAMIN F. YOUNGBLOOD III, P.L.L.C. UHL, FITZSIMONS, 8207 Callaghan Road, Suite 100 JEWETT & BURTON, PLLC San Antonio, Texas 78230 4040 Broadway, Suite 430 [email protected] San Antonio, Texas 78209 Counsel for Jane W. Hoskins [email protected] Counsel for Blake C. Hoskins David W. Navarro Michael C. Sartori Brendon C. Holm LAW OFFICE OF MICHAEL C. SARTORI HORNBERGER SHEEHAN FULLER BEITER P.O. Box 1222 WITTENBERG & GARZA INCORPORATED 502A Houston Street The Quarry Heights Building George West, Texas 78022 7373 Broadway, Suite 300 [email protected] San Antonio, Texas 78209 Counsel for Hoskins, Inc., C. Clifton [email protected] Hoskins, Trudy Day, and Hazel Q. [email protected] Hoskins Counsel for Brent C. Hoskins Conner R. Jackson Bruce D. Oakley R. Clay Hoblit Robert L. Pillow HOBLIT FERGUSON DARLING, LLP HOGAN LOVELLS US LLP 2000 Frost Bank Plaza 700 Louisiana Street, Suite 4300 Carancahua Houston, Texas 77002 Corpus Christi, Texas 78401 [email protected] [email protected] [email protected] [email protected] Counsel for Armadillo E&P, Inc., Sea Counsel for Aurora Resources Corporation Eagle Ford, LLC, and Sundance Energy, Inc. /s/ Julia W. Mann Julia W. Mann 13004331v.1