Seton Family of Hospitals, D/B/A Seton Medical Center v. Beverly J. Haywood ( 2015 )

ACCEPTED 03-13-00817-CV 5268395 THIRD COURT OF APPEALS AUSTIN, TEXAS 5/13/2015 2:01:18 PM JEFFREY D. KYLE CLERK No. 03-13-00817-CV ________________________________________________________________ FILED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS THIRD DISTRICT OF TEXAS, AUSTIN 5/13/2015 2:01:18 PM ________________________________________________________________ JEFFREY D. KYLE Clerk SETON FAMILY OF HOSPITALS D/B/A SETON MEDICAL CENTER, Appellant, v. BEVERLY J. HAYWOOD, Appellee. ________________________________________________________________ ON INTERLOCUTORY APPEAL FROM THE 345TH JUDICIAL DISTRICT, TRAVIS COUNTY, TEXAS ________________________________________________________________ APPELLANT’S MOTION FOR LEAVE TO FILE SUPPLEMENTAL LETTER BRIEF ________________________________________________________________ EMILY J. DAVENPORT State Bar No. 24012501 REED, CLAYMON, MEEKER & HARGETT, PLLC 5608 Parkcrest Drive, Suite 200 Austin, Texas 78731 (512) 660-5960 (512) 660-5979 (Facsimile) Attorneys for Appellant 1 TO THE HONORABLE COURT OF APPEALS: Pursuant to Texas Rule of Appellate Procedure 38.7, Appellant respectfully requests that the Court grant it leave to file a supplemental letter brief in response to Appellee’s letter brief concerning Ross v. St. Luke’s Hosp., No. 13-0439 (Tex. May 1, 2015). Appellee was granted leave to file her letter brief concerning Ross on May 8, 2015. Her letter brief was accepted as filed on May 11, 2015. If leave is granted, Appellant will file its reply brief on or before May 23, 2015. PRAYER Seton prays that the Court grant this Motion and allow it to file a supplemental letter brief. Respectfully submitted, By: s/ Emily J. Davenport EMILY J. DAVENPORT State Bar No. 24012501 ROBERT L. HARGETT State Bar No. 08996550 JANICE M. BYINGTON State Bar No. 24006938 REED, CLAYMON, MEEKER & HARGETT, PLLC 5608 Parkcrest Drive, Suite 200 2 Austin, Texas 78731 (512) 660-5960 – telephone (512) 660-5979 – facsimile edavenport@rcmhlaw.com rhargett@rcmhlaw.com jbyington@rcmhlaw.com Attorneys for Appellant 3 CERTIFICATE OF CONFERENCE Pursuant to Tex. R. App. P 10.1(a)(5), Appellant has conferred with counsel for Appellee, Robert C. Alden, and he has expressed no objection to Appellant seeking leave to file its letter brief. /s/ Emily J. Davenport Emily J. Davenport CERTIFICATE OF COMPLIANCE I hereby certify that the foregoing motion has been compiled using a computer program in Word with 14-point font conventional typeface for the body of the motion. Excluding the portions exempted pursuant to Tex. R. App. P. 9.4, this motion contains 107 words. /s/ Emily J. Davenport Emily J. Davenport 4 CERTIFICATE OF SERVICE Pursuant to rule 9.5 of the Texas Rules of Appellate Procedure, I hereby certify that a true and correct copy of the foregoing instrument has been sent by e-mail and certified mail, return receipt requested to the following counsel of record on this 13th day of May, 2015: Robert C. Alden Byrd, Davis Furman & Alden, LLP 707 West 34th St. Austin, TX 78705 (512) 454-3751 ralden@byrddavis.com /s/ Emily J. Davenport Emily J. Davenport 5