In Re Frances Spanos Shelton v. the State of Texas

ACCEPTED
15-25-00152-CV
FIFTEENTH COURT OF APPEALS
AUSTIN, TEXAS
10/9/2025 4:53 PM
No. 15-25-00152-CV CHRISTOPHER A. PRINE
CLERK
FILED IN
IN THE COURT OF APPEALS 15th COURT OF APPEALS
FOR THE FIFTEENTH DISTRICT AUSTIN, TEXAS
10/9/2025 4:53:52 PM
AT AUSTIN
CHRISTOPHER A. PRINE
Clerk

IN RE FRANCES SPANOS SHELTON,
Relator.

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

RELATOR’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE
TO MOTION TO STAY THE PETITION FOR WRIT OF MANDAMUS

Relator Frances Spanos Shelton files this unopposed motion for

extension of time to file her Response to Real Party in Interest’s Vernon

Leuschner, as Durable Power of Attorney for Katherine Leuschner, Motion

to stay the Petition for Writ of Mandamus requesting an additional 21 days—

i.e., until November 10, 2025—and would respectfully show the Court as

follows:

1. Real Party in Interest’s Motion was filed October 8, 2025.

2. Relator’s response is currently due October 20, 2025.

3. Relator respectfully requests a 21-day extension of time to file

her brief, moving the deadline to November 10, 2025.

1
4. The undersigned counsel seeks this extension due to his existing

heavy workload and briefing deadlines, including but not limited to, the

following:

A. Petitioners’ Reply Brief on the Merits in Cause No. 24-1034; Debra
Morris, Individually, and as Representative of the Estate of Kenneth
W. Morris, et al., v. Old Republic Insurance Company, in the Texas
Supreme Court. The brief is due October 31, 2025.

B. Petition for Review in Cause No. 04-25-00052-CV; In re Jordyn
Ellis, in the Fourth District Court of Appeals, San Antonio, Texas.
The petition is due November 7, 2025.

Counsel Rick Thompson is currently out of the country on vacation and

provided this Court notice of the vacation on June 24, 2025. Since Mr.

Thompson is the lead attorney handling the appeal and briefing, he requests

an additional twenty-one days to review the motion and analyze the issues

to be addressed so that they may be clearly and concisely presented to this

Court.

5 This is Relator’s first request for an extension of time to file her

response.

6. This request is not being filed solely for the purposes of delay,

but in order that justice may be served.
PRAYER

For these reasons, Relator respectfully requests that this Court grant

her motion and extend the time to file Relator’s response to November 10,

2025.

Respectfully submitted,

By: /s/Kirk Pittard
Kirk L. Pittard
State Bar No. 24010313
Rick Thompson
State Bar No. 00788537
rthompson@dpslawgroup.com
DURHAM, PITTARD & SPALDING, LLP
P.O. Box 224626
Dallas, Texas 75222
(214) 946-8000
(214) 946-8433 (fax)

Craig D. Cherry
State Bar No. 24012419
ccherry@cjsjlaw.com
Ryan C. Johnson
State Bar No. 24048574
rjohnson@cjsjlaw.com
Scott H. James
State Bar No. 24037848
sjames@cjsjlaw.com
CHERRY JOHNSON SIEGMUND JAMES,
PLLC
7901 Fish Pond Road, 2nd Floor
Waco, Texas 76710
(254) 732-2242
(866) 627-3509 (fax)
COUNSEL FOR RELATOR
CERTIFICATE OF CONFERENCE

On October 9, 2025, the undersigned counsel communicated with Mr.
Andy McSwain, counsel for Real Party in Interest 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.

/s/ Kirk Pittard
Kirk Pittard
CERTIFICATE OF SERVICE

I hereby certify that on October 9, 2025, a true and correct copy of the
foregoing Unopposed Motion for Extension was served on the following
counsel of record via electronic service, pursuant to the Texas Rules of
Appellate Procedure.

Jim Dunnam Andy McSwain
jimdunnam@dunnamlaw.com mcswain@thetexasfirm.com
Andrea Mehta Mark E. Firmin
andreamehta@dunnamlaw.com mfirmin@thetexasfirm.com
Mason Vance Dunnam BEARD KULTGEN BROPHY BOSTWICK
masondunnam@dunnamlaw.com & DICKSON PLLC
DUNNAM & DUNNAM LLP 220 South 4th Street
4125 West Waco Drive Waco, Texas 76701
Waco, Texas 76710

Attorneys for Real Parties Robert Attorneys for Real Party Vernon
Spanos, Chrisopher Spanos, and Leuschner
Nicole Spanos

The Honorable Judge Ryan Luna Aubrey R. Williams
414th Judicial District Court Law Office of Aubrey R. Williams
501 Washington Avenue P.O. Box 20156
Suite 307 Waco, Texas 76702
Waco, Texas 76701 aubreyw9000@yahoo.com
414th@mclennan.gov Appointed Receiver
Respondent

/s/ Kirk Pittard
Kirk Pittard
No. 15-25-______-CV

IN THE COURT OF APPEALS
FOR THE FIFTEENTH DISTRICT
AT HOUSTON

IN RE FRANCES SPANOS SHELTON,
Relator.

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

APPENDIX IN SUPPORT OF PETITION FOR WRIT OF MANDAMUS

Tab Document

A March 31, 2025, Order Appointing Receiver

B The Dorothy Spanos Living Trust

C The First Amendment to The Dorothy Spanos Living Trust

D Application for Appointment of Temporary Administrator
and of a Trust Advisor
E March 8, 2022, Order Appointing Temporary Administrator
and Trust Advisor and Authorizing Issuance of Letters of
Administration
F May 18, 2022, Agreed Order Approving the Discharge of
Temporary Administrator and Termination of Temporary
Administration
G September 1, 2022, Agreed Order to Extend the Appointment
of the Trust Advisor of the Dorothy Spanos Living Trust
H Judge Stem’s May 3, 2023, Letter Removing Frances Shelton
as Trustee of the Dorothy Spanos Trust
Tab Document

I Plaintiff’s Verified Original Petition and Request for
Temporary Restraining Order, Temporary Injunction, and
Permanent Injunction
J John Malone February 24, 2025, Letter to Judge Stem
Resigning as Trustee
K Motion to Appoint Receiver and Robert Lee Spanos,
Christopher Blake Spanos and Kathryn Nicole Lawrie’s
Joinder to Motion to Appoint Receiver
L March 4, 2025, Hearing Transcript on Motion to Appoint
Receiver and Motion to Re-Affirm and/or Designate Trustee
of the Dorothy Spanos Living Trust
M Ms. Leuschner’s Application to Probate Ms. Spanos’s Will
and for Appointment of Temporary Administrator
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 Kirk Pittard
Bar No. 24010313
efile@dpslawgroup.com
Envelope ID: 106676378
Filing Code Description: Motion
Filing Description: Relator's Unopposed Mtn for Extension to File Resp to
Mtn to Stay PWM
Status as of 10/9/2025 5:03 PM CST

Associated Case Party: FrancesSpanosShelton

Name BarNumber Email TimestampSubmitted Status

Kirk Pittard kpittard@dpslawgroup.com 10/9/2025 4:53:52 PM SENT

Craig Cherry 24012419 ccherry@cjsjlaw.com 10/9/2025 4:53:52 PM SENT

Ryan Johnson 24048574 rjohnson@cjsjlaw.com 10/9/2025 4:53:52 PM SENT

Scott James 24037848 sjames@cjsjlaw.com 10/9/2025 4:53:52 PM SENT

Rick Thompson rthompson@dpslawgroup.com 10/9/2025 4:53:52 PM SENT

Kelly Blackburn efile@dpslawgroup.com 10/9/2025 4:53:52 PM SENT

Michala Quillen 24133047 kquillen@cjsjlaw.com 10/9/2025 4:53:52 PM SENT

Associated Case Party: Vernon Leuschner

Name BarNumber Email TimestampSubmitted Status

Sarah Rowell Rowell@thetexasfirm.com 10/9/2025 4:53:52 PM SENT

Ashley Snyder Snyder@thetexasfirm.com 10/9/2025 4:53:52 PM SENT

Angus McSwain 13861100 mcswain@thetexasfirm.com 10/9/2025 4:53:52 PM SENT

Mark Firmin 24099614 firmin@thetexasfirm.com 10/9/2025 4:53:52 PM SENT

Kiley Coats coats@thetexasfirm.com 10/9/2025 4:53:52 PM SENT

Sameer AHashmi hashmi@thetexasfirm.com 10/9/2025 4:53:52 PM SENT

Associated Case Party: Robert Spanos

Name BarNumber Email TimestampSubmitted Status

Andrea Mehta 24078992 andreamehta@dunnamlaw.com 10/9/2025 4:53:52 PM SENT

James Dunnam 6258010 jimdunnam@dunnamlaw.com 10/9/2025 4:53:52 PM SENT
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 Kirk Pittard
Bar No. 24010313
efile@dpslawgroup.com
Envelope ID: 106676378
Filing Code Description: Motion
Filing Description: Relator's Unopposed Mtn for Extension to File Resp to
Mtn to Stay PWM
Status as of 10/9/2025 5:03 PM CST

Associated Case Party: Robert Spanos

James Dunnam 6258010 jimdunnam@dunnamlaw.com 10/9/2025 4:53:52 PM SENT

Mason Dunnam 24108079 masondunnam@dunnamlaw.com 10/9/2025 4:53:52 PM SENT

Associated Case Party: Hon. Judge Ryan Luna

Name BarNumber Email TimestampSubmitted Status

Hon. Judge Ryan Luna 414th@mclennan.gov 10/9/2025 4:53:52 PM SENT

Associated Case Party: Aubrey Williams

Name BarNumber Email TimestampSubmitted Status

Aubrey Williams 21512500 aubreyw9000@yahoo.com 10/9/2025 4:53:52 PM SENT