ACCEPTED 01-15-00193-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 7/30/2015 10:28:54 AM CHRISTOPHER PRINE CLERK NO. 01-15-00193-CV IN THE COURT OF APPEALS FOR THE FILED IN 1st COURT OF APPEALS FIRST DISTRICT OF TEXAS HOUSTON, TEXAS 7/30/2015 10:28:54 AM JOHN LAWTON CHRISTOPHER A. PRINE Appellant. Clerk v. DAVID LAWTON, INDIVIDUALLY, AS FORMER INDEPENDENT EXECUTOR OF THE ESTATE OF JOSEPH G. LAWTON, DECEASED, AND AS FORMER AGENT FOR JOSEPH G. LAWTON UNDER A POWER OF ATTORNEY, Appellee.

Appeal From Cause No. 14-CCV-053769 In the County Court at Law No. 1, Fort Bend County, Texas

APPELLEE DAVID W. LAWTON’S UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLEE BRIEF

DOYLE, RESTREPO, HARVIN & ROBBINS, L.L.P. J. B. (Trey) Henderson III N. Kimberly Hoesl State Bar No. 00798251 State Bar No. 24040540 [email protected] [email protected] Louisiana Street, Suite 2300 Houston, Texas 77002 (713) 228-5100 (Tel.) (713) 228-6138 (Fax) Attorneys for Appellee David Lawton, Individually, as Former Independent Executor of the Estate of Joseph G. Lawton, Deceased, and as Former Agent for Joseph G. Lawton Under a Power of Attorney JULY 30, 2015 TO THIS HONORABLE COURT: Appellee David W. Lawton (“David”) files this unopposed motion, pursuant to Texas Rule of Appellate Procedure 10.5(b), respectfully requesting the Court to extend the time to file his appellee’s brief in response to the Brief of Appellant filed by John Lawton (“John”).

1. David’s appellee brief is due to be filed on August 7, 2015.

2. David requests an additional thirty (30) days to file his brief. That is an extension of time through and including September 4, 2015.

3. This is David’s first request for an extension of time to file the appellee brief.

4. David requests additional time to prepare and file the brief, in part because David’s counsel was on vacation the first two weeks following the filing of John’s Brief of Appellant. As a result of that delay, plus counsel’s other professional obligations, the amount of time available for David’s counsel to prepare the appellee brief is significantly reduced.

5. This extension is not sought for delay but so that the justice may be done.

6. As set forth in the Certificate of Conference below, this motion for extension of time is unopposed.

For these reasons, David prays that this Court grant an extension of time to file his appellee brief in this matter through and including September 4, 2015.

Respectfully submitted, _/s/ N. Kimberly Hoesl __________ J. B. (Trey) Henderson III State Bar No. 00798251 [email protected] N. Kimberly Hoesl State Bar No. 24040540 [email protected] DOYLE RESTREPO HARVIN & ROBBINS, L.L.P. Louisiana, Suite 2300 Houston, Texas 77002 (713) 228-5100 Telephone (713) 228-6138 Facsimile Attorneys for Appellee David Lawton, Individually, as Former Independent Executor of the Estate of Joseph G.

Lawton, Deceased, and as Former Agent for Joseph G. Lawton Under a Power of Attorney CERTIFICATE OF CONFERENCE As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I conferred with counsel for Appellant John Lawton, who stated that he is not opposed to the relief requested in this motion.

/s/ N. Kimberly Hoesl _____________ N. Kimberly Hoesl

CERTIFICATE OF SERVICE As required by Texas Rules of Appellate Procedure 6.3 and 9.5(b), (d), (e), I certify that a true copy of Appellee David W. Lawton’s Unopposed Motion to Extend Time to File Appellee Brief has been served on all other parties—listed below—on July 30, 2015, as follows: Constance H. Pfeiffer Attorneys for Appellant John Lawton William R. Peterson BECK REDDEN LLP 1221 McKinney, Suite 4500 Houston, Texas 77010-2010 [email protected] Esther Anderson ANDERSON PFEIFFER, PC FM 517 West, Suite 200 Dickinson, Texas 77539 [email protected] _X_ By electronic service _X_ By e-mail /s/ N. Kimberly Hoesl ___________ N. Kimberly Hoesl July 30, 2015_____________________ Date