Case Information

*0 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 12/9/2015 4:36:23 PM KEITH E. HOTTLE Clerk *1 ACCEPTED 04-15-00617-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 12/9/2015 4:36:23 PM KEITH HOTTLE CLERK NO. 04-15-00617-CV _________________________________________________________________

IN THE FOURTH DISTRICT COURT OF APPEALS SAN ANTONIO, TEXAS _________________________________________________________________

TONI COMBEST, Appellant VS.

MUSTANG MINERALS, LLC, Appellee _________________________________________________________________

On Appeal from the 218 th District Court Cause No. 14-08-00144-CVL, LaSalle County, Texas the Honorable Donna S. Rayes, Presiding _________________________________________________________________

AGREED MOTION TO EXTEND TIME TO FILE BRIEF OF APPELLEE _________________________________________________________________

Appellee Mustang Minerals, LLC (“Mustang”) respectfully files this Motion

to Extend Time to File Brief of Appellee (the “Motion”). In support of the Motion,

Mustang shows the Court as follows:

I. DUE DATE Mustang’s Brief of Appellee is currently due on December 25, 2015.

Mustang seeks an additional thirty (30) days to file its brief, making the new

deadline Monday, January 25, 2016 . *2 II.

MUSTANG’S FIRST AND ONLY REQUEST FOR AN EXTENSION OF

TIME TO FILE ITS BRIEF OF APPELLEE This is Mustang’s first request for an extension of time to file its Brief of

Appellee. And, it will be Mustang’s only request for an extension to file its Brief of

Appellee. If the request is granted, Mustang stipulates and agrees that it will not

seek additional time to file its Brief of Appellee.

III. REASONS FOR EXTENSION OF TIME Due to the nature of the following circumstances and conflicts, it is not

reasonably possible for the undersigned counsel, who has the primary

responsibility for preparing and filing Mustang’s Brief of Appellee, to perform the

tasks necessary to prepare, finalize, and file a thorough and accurate Brief of

Appellee by the current deadline:

1) undersigned counsel offices in a historic building in Weatherford,

Texas that is well over 100 years old. Weatherford received approximately seven to eight inches of rain between November 26- 30, 2015. Due to the excessive amount of rain and the age and structure of the office building, an exterior wall collapsed, causing catastrophic damage to the building. Appellee’s counsel has been unable to access his office or his files for a number of days, has *3 had to relocate to a temporary office, and will have to relocate once again in the coming weeks;

2) undersigned counsel is scheduled to attend Continuing Legal

Education in San Antonio on December 10-11, 2015; and 3) undersigned counsel has a pre-planned family vacation from

December 17-24, 2015.

IV. EXTENSION SOUGHT IN THE INTEREST OF JUSTICE The extension sough is not for the purpose of delay, but rather, in the interest

of justice.

V.

APPELLANT DOES NOT OPPOSE A THIRTY (30) DAY EXTENSION

On December 2, 2016, co-counsel for Mustang, Mark Barret, conferred with

counsel for Appellant regarding the contents of this Motion, and counsel for

Appellant confirmed that Appellant does not oppose a thirty (30) day extension. As

demonstrated above, the requested extension is needed.

VI. PRAYER FOR EXTENSION WHEREFORE, PREMISES CONSIDERED, Mustang respectfully requests

an extension of time of thirty (30) days, until January 25, 2016 , to file its Brief of

Appellee and for such other and further relief to which it may show itself entitled. *4 Respectfully submitted, /s/ David D. Rapp David D. Rapp State Bar No. 24027764 david@ektexas.com Mark B. Barret State Bar No. 24092087 mark@ektexas.com E GGLESTON K ING , LLP 102 Houston Avenue Weatherford, TX 76086 Telephone: (817) 596-4200 Telecopier: (817) 596-4269 ATTORNEYS FOR APPELLEE MUSTANG MINERALS, LLC CERTIFICATE OF CONFERENCE I hereby certify that, on or December 2, 2016, I communicated with Sameer

Mandke and Kevin Schield, counsel for Appellant in this matter, and both

informed me that Appellant does not opposes this Motion.

/s/ Mark B. Barret Counsel for Appellee *5 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the

foregoing instrument was served electronically through the electronic filing

manager, if the email address of the attorney below was on file with the electronic

filing manager, or by e-mail as indicated below, upon the following attorneys on

this 9 th day of December, 2015, at the time of the filing of the foregoing

instrument:

/s/ David D. Rapp Counsel for Appellee Sameer Mandke

TX State Bar No. 24065670

sameer@gkmpllc.com

Robert F. Gilbert

TX State Bar No. 24059321

gilbert@gkmpllc.com

G ILBERT M ANDKE , PLLC

10100 Kleckley #15-B

Houston, Texas 77075

Telephone: 832.316.5322

Fax: 713.341.9062

Kevin Schield

TX State Bar No. 24075025

Kevin.schield@schieldlaw.com

3611 Leadville Drive

Austin, Texas 78749

Telephone: 512.910.5095