To the Honorable Fourth Court of Appeals:

Now Come appellees and file this their unopposed 1 motion for extension of

time to file their brief, and in support thereof, would respectfully show unto the

Appellate Court as follows, to-wit:

1. The appellees and movants are: (1) Charles W. Schroeder; (2) Elsie A.

Schroeder-Schneider; (3) Hollis London; (4) Terry Mengers-Reel; (5) Ted

Mengers; (6) Debbie Mengers-Quates; (7) August H. Steinmeyer; (8) Carole

Schroeder-Miller; (9) James M. Schroeder; (10) Sally Schroeder-Tinanus; (11)

James E. Schroeder; (12) Sue Schroeder-Stanford; (13) Bill Schroeder; (14)

Wayne Hennecke; (15) Diane Hennecke-Rhodes; (16) Jerri James; (17) W. Tom

Haley; and (18) Peggy Hailey. The appellants are: (1) Stephens and Johnson Operating Co.; (2) Henry

W. Beyer, III Trust; (3) CAH, Ltd.-MOPI for Capital Account; (4) CAH, Ltd.-

Stivers Capital Account; (5) CAH, Ltd.-Weigand Resources Capital Account

Weigand Resources; (6) C.T. Carden; (7) Myrl W. Deitch Trust; (8) E.R.

Godbout Family Trust; (9) Margaret J. Godbout; (10) F.R. Keydel; (11) R.L.

Keydel; (12) Pennye K. Maloney; (13) David R. McNitt; (14) RCA Trust One;

(15) Donald B. Scott; (16) Sunset Production Corporation; and (17) Genessee

Country Museum. Appellant Genessee is represented by Ms. Lynse Guerra.

The remaining 16 appellants are represented by Mr. Augustin Rivera Jr.

3. No rule limits the time within which to file a motion to extend. T EX . R.

A PP . P. 38.6(d).

4. Counsel for appellees has conferred with counsel for appellants, and this

first motion for extension is unopposed.

5. The Court may extend the time within which to file a brief under the

authority of Texas Rules of Appellate Procedure 38.6(d) and 10.5(b).

6. The clerk’s record was filed on April 10, 2014 in this summary judgment

appeal. This Appellate Court initially issued a stay to allow mediation, which

was unsuccessful. Appellant Genessee then filed its brief on October 17, 2014

and the remaining appellants filed their brief on December 4, 2014, after being

granted two unopposed extensions totaling 48 days (1 extension for 45 days +

2 extension for 3 days). Appellees’ brief was originally due 30 days later, on

January 5, 2015. T EX . R. A PP . P. 38.6(b). Because the January 5 due date passed without a brief or request for

extension, on January 12, 2015 this Court signed an Order requiring the filing

of appellees’ brief on January 22, 2015.

8. Appellees now respectfully file this unopposed 1 motion for extension

of time to explain their oversight and request a 30 extension to file their brief,

which would extend the time to file until Wednesday, February 4, 2015. This is appellees’ first request for an extension of time.

10. Lead appellate counsel for appellees mistakenly failed to calendar the due

date for their brief. Although he reviewed the Order from this Court dated

December 8, 2014 that granted appellants’ 2 nd motion for extension of time,

the Order’s failure to expressly state the new due date led him to incorrectly

assume appellants had been afforded the customary 30 day extension.

Appellees’ counsel did not know their brief was late until he today received the

Court’s January 12 th Order. Appellees’ counsel should have referred to

appellants’ 2 motion for extension of time when he reviewed the Court’s

associated December 8 Order to correctly calendar the due date for appellees’

brief.

11. Appellees request an extension of time so that their appellate counsel

may have an appropriate opportunity to prepare their brief. In the 30 days prior

to the current due date of January 5, 2014, lead appellate counsel was: (1) lead

counsel in a week-long jury trial in federal district court, being Civil Action No.

5:10-cv-121, styled Jaime Guzman and Derrick Lambert v. Celadon Trucking Services,

Inc. and Melvin Jones Jr. , currently pending in the United States District Court,

Southern District of Texas, Laredo Division; (2) counsel for an unsuccessful

bidder in a bankruptcy auction, being Case No. 14-50155, styled In re: GBG

Ranch, Ltd., debtor , currently pending in the United States Bankruptcy Court,

Southern District of Texas, Laredo Division; and (3) out of the office for the

Christmas holiday.

12. Wherefore, Premises Considered, appellees respectfully request this

Appellate Court to grant this request for additional time for the filing of their

brief in this Appeal.

Respectfully submitted,

/s/ Baldemar Garcia Jr.

Baldemar Garcia Jr.

Texas Bar No. 00790740

email: bgarcia@personwhitworth.com

lead appellate counsel for appellees

Martha Cigarroa de Llano

Texas Bar No. 04250800

email: mdellano@personwhitworth.com

PWBM, LLP

602 East Calton Road, 2 Floor (78041)

P. O. Drawer 6668 (78042)

Laredo, Texas

voice 956.727.4441

Certificate of conference

The undersigned has conferred with opposing counsel regarding this 1 motion

for extension of time to file brief, and it is unopposed.

/s/ Baldemar Garcia Jr.

*6 Certificate of service

Appellees’ unopposed 1 motion for extension of time to file brief was served

by electronic mail on all counsel of record on January 13, 2015. T EX . R. A PP . P.

9.5.

Augustin Rivera Jr.

Dunn, Weathered, Coffey, Rivera, & Kasperitis, PC

611 South Upper Broadway

Corpus Christi, Texas 78401

facsimile 361.883.1599

email: ariverajr@swbell.net

Lynse L. Guerra

Skaggs & Guerra, LLP

710 Laurel

P. O. Drawer 2285

McAllen, Texas 78502

email: sgllp@sbcglobal.net

/s/ Baldemar Garcia Jr.