Frances Spanos Shelton v. Vernon Leuschner, and as Durable Power of Attorney for Katherine Leuschner, Robert Lee Spanos, Christopher Blake Spanos, and Kathryn Nicole Lawrie

ACCEPTED 15-25-00072-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 5/5/2025 12:26 PM No. 15-25-00072-CV CHRISTOPHER A. PRINE CLERK FILED IN IN THE COURT OF APPEALS 15th COURT OF APPEALS FOR THE FIFTEENTH DISTRICT AUSTIN, TEXAS 5/5/2025 12:26:33 PM AT AUSTIN CHRISTOPHER A. PRINE Clerk FRANCES SPANOS SHELTON, Appellant, v. VERNON LEUSCHNER, ROBERT LEE SPANOS, CHRISTOPHER BLAKE SPANOS, KATHRYN NICOLE LAWRIE, AND KATHERINE LEUSCHNER, Appellees.

On Interlocutory Appeal from the 414th District Court of McLennan County, Texas, Cause No. 2024-3035-5

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF Kirk L. Pittard Craig D. Cherry State Bar No. 24010313 State Bar No. 24012419 [email protected] [email protected] Rick Thompson Ryan C. Johnson State Bar No. 00788537 State Bar No. 24048574 [email protected] [email protected] DURHAM, PITTARD & SPALDING, LLP Scott H. James P.O. Box 224626 State Bar No. 24037848 Dallas, Texas 75222 [email protected] (214) 946-8000 M. Katie Quillen (214) 946-8433 (fax) State Bar No. 24133047 [email protected] CHERRY JOHNSON SIEGMUND JAMES, PLLC 7901 Fish Pond Road, 2nd Floor Waco, Texas 76710 (254) 732-2242 (866) 627-3509 (fax) COUNSEL FOR APPELLANT Appellant Frances Spanos Shelton files this unopposed motion for extension of time to file her brief requesting an additional 30 days—i.e., until June 12, 2025—and would respectfully show the Court as follows: 1. The appellate record was filed on April 23, 2025.

2. Appellant’s Brief in this interlocutory appeal is currently due on May 13, 2025.

3. Appellant respectfully requests a 30-day extension of time to file her brief, moving the deadline to June 12, 2025.

4. The undersigned counsel seeks this extension due to his existing heavy workload and briefing deadlines, including but not limited to, the following: A. Preparing Appellants’ Reply Brief in Cause No. 05-24-01141-CV; Kristine Nicole Lancaster, et al., v. AAA Texas, LLC, in the Fifth Court of Appeals, Dallas, Texas. The brief was filed on April 28, 2025.

B. Preparing the Real Parties in Interests’ Response to the Petition for Writ of Mandamus in Cause No. 04-25-00052-CV; In re Jordyn Ellis, in the Fourth District Court of Appeals. The response brief is currently due on or before May 12, 2025.

C. Preparing Appellant’s Brief in Cause No. 02-25-00146-CV; Kids in Motion of Springfield, LLC, Patricia Naylor and Rodney Naylor v. TLGI, LLC, in the Second Court of Appeals, Fort Worth. The brief is currently due on or before May 28, 2025.

Appellant’s Unopposed Motion for Extension of Time to File Brief Page 2 D. Preparing Appellee’s Brief in Cause No. 08-25-00012-CV, Texas Regional Landfill Co., LP v. McNeil, in the Eighth Court of Appeals at El Paso. The brief is currently due on or before May 30, 2025.

Because of these deadlines and other day-to-day projects, counsel requests an additional thirty days to review the record and analyze the issues to be addressed in the brief so that they may be clearly and concisely presented to this Court.

5 This is Appellant’s first request for an extension of time to file her brief.

6. This request is not being filed solely for the purposes of delay, but in order that justice may be served.

CERTIFICATE OF CONFERENCE On May 2, 2025, the undersigned counsel communicated with Mr. Angus McSwain, counsel for Appellee Vernon Leuschner, regarding the substance of this motion, and he graciously stated that he and his client were not opposed to the relief requested in this motion.

On May 2, 2025, the undersigned counsel also communicated with Mr. Jim Dunnam, counsel for the remaining Appellees, regarding the substance of this motion, and he graciously state that he and his clients were not opposed to the relief requested in this motion either.

Appellant’s Unopposed Motion for Extension of Time to File Brief Page 3 PRAYER For these reasons, Appellant respectfully requests that this Court grant her motion and extend the time to file Appellant’s Brief to June 12, 2025.

Respectfully submitted, By: /s/ Rick Thompson Rick Thompson State Bar No. 00788537 [email protected] DURHAM, PITTARD & SPALDING, LLP P.O. Box 224626 Dallas, Texas 75222 (214) 946-8000 – Office (214) 946-8433 – Facsimile Craig D. Cherry State Bar No. 24012419 [email protected] Ryan C. Johnson State Bar No. 24048574 [email protected] Scott H. James State Bar No. 24037848 [email protected] M. Katie Quillen State Bar No. 24133047 [email protected] CHERRY JOHNSON SIEGMUND JAMES, PLLC 7901 Fish Pond Road, 2nd Floor Waco, Texas 76710 (254) 732-2242 – Office (866) 627-3509 – Facsimile COUNSEL FOR APPELLANT

Appellant’s Unopposed Motion for Extension of Time to File Brief Page 4 CERTIFICATE OF SERVICE I hereby certify that on May 5, 2025, a true and correct copy of the foregoing motion was served on the following counsel of record via electronic service, pursuant to the Texas Rules of Appellate Procedure.

Jim Dunnam Andy McSwain [email protected] [email protected] Andrea Mehta Mark E. Firmin [email protected] [email protected] Mason Vance Dunnam BEARD KULTGEN BROPHY BOSTWICK [email protected] & DICKSON PLLC DUNNAM & DUNNAM LLP 220 South 4th Street 4125 West Waco Drive Waco, Texas 76701 Waco, Texas 76710 Attorneys for Intervenor/Appellee Attorneys for Intervenors/Appellees Vernon Leuschner Robert Spanos, Chrisopher Spanos, and Nicole Spanos

/s/ Rick Thompson Rick Thompson

Appellant’s Unopposed Motion for Extension of Time to File Brief Page 5 Automated Certificate of eService This automated certificate of service was created by the efiling system.

The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Kelly Blackburn on behalf of William Richard Thompson Bar No. 788537 [email protected] Envelope ID: 100432338 Filing Code Description: Motion Filing Description: UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS BRIEF Status as of 5/5/2025 12:51 PM CST Associated Case Party: FrancesSpanosShelton Name BarNumber Email TimestampSubmitted Status Rick Thompson [email protected] 5/5/2025 12:26:33 PM SENT Craig Cherry 24012419 [email protected] 5/5/2025 12:26:33 PM SENT Kirk Pittard [email protected] 5/5/2025 12:26:33 PM SENT Ryan Johnson [email protected] 5/5/2025 12:26:33 PM SENT Scott James [email protected] 5/5/2025 12:26:33 PM SENT Michala Quillen [email protected] 5/5/2025 12:26:33 PM SENT

Associated Case Party: Vernon Leuschner Name BarNumber Email TimestampSubmitted Status Angus McSwain 13861100 [email protected] 5/5/2025 12:26:33 PM SENT Mark Firmin 24099614 [email protected] 5/5/2025 12:26:33 PM SENT

Associated Case Party: RobertLeeSpanos Name BarNumber Email TimestampSubmitted Status James Dunnam 6258010 [email protected] 5/5/2025 12:26:33 PM SENT Mason Dunnam [email protected] 5/5/2025 12:26:33 PM SENT Andrea Mehta [email protected] 5/5/2025 12:26:33 PM SENT

Case Contacts Name BarNumber Email TimestampSubmitted Status Automated Certificate of eService This automated certificate of service was created by the efiling system.

The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Kelly Blackburn on behalf of William Richard Thompson Bar No. 788537 [email protected] Envelope ID: 100432338 Filing Code Description: Motion Filing Description: UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS BRIEF Status as of 5/5/2025 12:51 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Kelly Blackburn [email protected] 5/5/2025 12:26:33 PM SENT Kirk Pittard [email protected] 5/5/2025 12:26:33 PM SENT Jenn Haring [email protected] 5/5/2025 12:26:33 PM SENT Scott James [email protected] 5/5/2025 12:26:33 PM SENT Michala Quillen [email protected] 5/5/2025 12:26:33 PM SENT Ryan Johnson [email protected] 5/5/2025 12:26:33 PM SENT Sarah Rowell [email protected] 5/5/2025 12:26:33 PM SENT Ashley Snyder [email protected] 5/5/2025 12:26:33 PM SENT Mason Dunnam [email protected] 5/5/2025 12:26:33 PM SENT Andrea Mehta [email protected] 5/5/2025 12:26:33 PM SENT