Skyline EMS Inc. and Juan "Johnny" Cordero v. AR Concepts Inc. ( 2015 )

ACCEPTED 04-15-00070-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 7/20/2015 2:34:08 PM KEITH HOTTLE CLERK No. 04-15-00070-CV FILED IN In The Fourth Court Of Appeals 4th COURT OF APPEALS SAN ANTONIO, TEXAS San Antonio, Texas 7/20/2015 2:34:08 PM KEITH E. HOTTLE Clerk SKYLINE EMS, INC. AND JUAN “JOHNNY” CORDERO Appellants, v. AR CONCEPTS, INC. Appellee. ON APPEAL FROM THE 224th DISTRICT COURT, Bexar COUNTY, TEXAS TRIAL COURT CAUSE NO. 2014CI15618 APPELLEE’S UNOPPOSED FIRST MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF The Cavazos Law Firm, P.C. David H. Cavazos IV Texas Bar No. 24031923 P.O. Box 1353 Boerne, Texas 78006 Telephone: (915) 227-7515 Facsimile: (915) 808-2558 A/R Concepts, Inc. Identity of Parties and Counsel Appellants/Defendants: Defendants/Appellants’ Appellate Counsel: RYAN LAW FIRM, LLP Doug Sigel Texas Bar No. 18347650 100 Congress Avenue, Suite 950 Austin, Texas 78701 Telephone: (512) 459-6600 Facsimile: (512) 459-6601 Doug.Sigel@ryanlawllp.com Appellee/Plaintiff: Plaintiff/Appellee’s Appellate Counsel: David Henry Cavazos IV The Cavazos Law Firm PC P.O. Box 1353 Boerne, Texas 78006 Telephone: (915) 227-7515 Facsimile: (915) 808-2558 cavazoslaw@aol.com TO THE HONORABLE FOURTH COURT OF APPEALS: Pursuant to Tex. R. App. P. 10.1 and 38.6(d), the Appellee, A/R Concepts, Inc., files this Unopposed First Motion to Extend Time to file Appellee's brief. The Appellee's Brief was due on July 17, 2015. Counsel for Appellee requests a 30-day extension of time to file its Appellee's Brief, making the brief due on August 17, 2015. This is the first request for extension of time to file the Appellee's Brief. Counsel for Appellee relies on the following reason, in addition to the routine matters that counsel must attend to in daily practice, to explain the need for the requested extension: • The undersigned counsel was in the hospital for five days in June, which caused a delay in calendar scheduling of events, deadlines and hearing dates. • The undersigned counsel is still in the process of re-scheduling events, deadlines and hearing dates on his calendar. Counsel for Appellee seeks this extension of time to be able to prepare a cogent and succinct brief to aid this Court in its analysis of the issues presented. This request is not sought for delay but so that justice may be done. The undersigned conferred with Doug Sigel and Katherine Quiniola of the Ryan Law Firm, counsel for the Defendants/Appellants, and was able to obtain confirmation that opposing counsel was not opposed to this motion. All facts recited in this motion are within the personal knowledge of the counsel signing this motion; therefore no verification is necessary under Texas Rule of Appellate Procedure 10.2. PRAYER FOR RELIEF For the reasons set forth above, Appellee requests that this Court grant this Unopposed First Motion to Extend Time to File Appellee’s Brief and extend the deadline for filing the Appellee’s Brief up to and including August 17, 2015. Appellee requests all other relief to which it may be entitled. Respectfully submitted, The Cavazos Law Firm, P.C. /s/ David H. Cavazos IV David Henry Cavazos IV Texas Bar No. 24031923 P.O. Box 1353 Boerne, Texas 78006 Telephone: (915) 227-7515 Facsimile: (915) 808-2558 cavazoslaw@aol.com Attorney For Appellee A/R Concepts, Inc. CERTIFICATE OF CONFERENCE Pursuant to Tex. R. App. P. 10.1(5), I certify that the undersigned counsel conferred with opposing counsel, Doug Sigel and Katherine Quiniola, The Ryan Law Firm, LLP. on July 20, 2015, and was unable to obtain confirmation from attorney Katherine Quinola, associate counsel for Appellants, that counsel for Appellants was not opposed to the filing of this motion and the relief requested in said motion. /s/ David H. Cavazos IV David H. Cavazos IV CERTIFICATE OF SERVICE I certify that a copy of the foregoing Appellee’s Unopposed First Motion to Extend Time to File Appellee’s Brief was served on Appellant, Skyline EMS., Inc. and Juan “Johnny” Cordero, through counsel of record, Doug Sigel, The Ryan Law Firm, LLP, 100 Congress Avenue, Suite 950, Austin, Texas 78701, by electronic mail and electronic service on July 20, 2015. /s/ David H. Cavazos IV David H. Cavazos IV