Gracy Woods I Nursing Home v. Martha Mahan, as the Representative of the Estate of Mary Rivera ( 2015 )

ACCEPTED 03-15-00596-CV 7879540 THIRD COURT OF APPEALS AUSTIN, TEXAS 11/18/2015 10:08:28 AM JEFFREY D. KYLE CLERK NO. 03-15-00596-CV FILED IN IN THE COURT OF APPEALS 3rd COURT OF APPEALS AUSTIN, TEXAS THIRD DISTRICT OF TEXAS, AUSTIN 11/18/2015 10:08:28 AM JEFFREY D. KYLE Clerk GRACY WOODS I NURSING HOME Appellant, v. MARTHA MAHAN, AS REPRESENTATIVE OF THE ESTATE OF MARY RIVERA Appellee. ON INTERLOCUTORY APPEAL FROM THE 250TH JUDICIAL DISTRICT, TRAVIS COUNTY, TEXAS APPELLEE’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEE BRIEF JACK MODESETT STATE BAR NO. 14244337 WALTER V. WILLIAMS STATE BAR NO. 21584800 MODESETT WILLIAMS, PLLC 515 CONGRESS AVENUE, SUITE 1650 AUSTIN, TEXAS 78701 (512) 472-6097 TELEPHONE (512) 481-0130 FACSIMILE ATTORNEYS FOR APPELLEE Appellee’s Unopposed Motion for Extension of Time To File Appellee Brief Page 1 TO THE HONORABLE COURT OF APPEALS: 1. In accordance with TEX. R. APP. P. 10.5(b)(1) Appellee Martha Mahan, as Representative of the Estate of Mary Rivera brings this unopposed request for an extension of time to file Appellee’s Brief. 2. This motion is Appellee’s first request for extension of time to file its Brief. 3. Appellee’s deadline to file its brief is currently November 30, 2015. 4. Appellee seeks a 14 day extension. If granted, Appellee’s deadline to file its Brief would be December 14, 2015. 5. Appellee requests the extension due to appellee counsel’s commitments in other matters, which will affect counsel’s ability to devote a sufficient amount of time to file Appellee’s Brief. 6. Counsel for Appellant does not object to Appellee’s request for a 14 day extension of time to file Appellee’s Brief. 7. Appellee does not seek this extension of time for the sole purpose of delay but so that justice may be done. Appellee’s Unopposed Motion for Extension of Time To File Appellee Brief Page 2 PRAYER WHEREFORE, PREMISES CONSIDERED, Appellee Martha Mahan, as Representative of the Estate of Mary Rivera, respectfully requests that this Court grant an additional fourteen days from November 30, 2015 to December 14, 2015 for Appellee to file its Brief. Respectfully Submitted, MODESETT WILLIAMS, PLLC 2202 Lake Austin Boulevard Austin, Texas 78703 512.472.6097 Telephone 512.481.0130 – Telecopier By: Walter V. Williams Texas Bar No. 21584800 Jack H. Modesett, III Texas Bar No. 14244337 Attorneys for Plaintiffs CERTIFICATE OF CONFERENCE Counsel for Appellee conference with counsel for Appellee concerning this request for a 14 day extension via email on November 12, 2015. Counsel for Appellee does not oppose the request. Walter V. Williams Appellee’s Unopposed Motion for Extension of Time To File Appellee Brief Page 3 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 filed electronically and delivered electronically and via facsimile to the following counsel of record on this 18th day of November, 2015: Emily Davenport (612) 660-5979 Reed, Claymon, Meeker & Hargett, PLLC 5608 Parkcrest Drive, Suite 200 Austin, Texas 78731 edavenport@rcmhlaw.com Walter V. Williams Appellee’s Unopposed Motion for Extension of Time To File Appellee Brief Page 4