East Texas Medical Center D/B/A East Texas Medical Center Emergency Medical Services v. Jody Delaune Individually and as Personal Representative of the Estate of Crystal Delaune, and as Next Friend of D. D., D. D. and D. A. D., Minors ( 2015 )

ACCEPTED
12-15-00014-CV
TWELFTH COURT OF APPEALS
TYLER, TEXAS
5/6/2015 5:01:56 PM
CATHY LUSK
CLERK
No. 12-15-00014-CV
FILED IN
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12th COURT OF APPEALS
TYLER, TEXAS
In the Twelfth Court of 5/6/2015 5:01:56 PM
Appeals at Tyler, Texas CATHY S. LUSK
__________________________________________________ Clerk
East Texas Medical Center d/b/a East Texas Medical Center
Emergency Medical Services
Appellant
v.
Jody Delaune, Individually and as Personal Representative of the Estate of
Crystal Delaune, Deceased; and as Next Friend of Dalton Delaune, Destiny Delaune
And Dee Ann Delaune, Minors
Appellees
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Appeal from 7th District Court,
Smith County, Texas
Honorable Kerry L. Russell, Presiding Judge
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APPELLEES’ OBJECTION TO APPELLANT’S FIRST MOTION
FOR EXTENSION OF TIME TO FILE BRIEF
TO THE HONORABLE TYLER COURT OF APPEALS:
COMES NOW, Jody Delaune, Individually and as Personal Representative of the Estate
of Crystal Delaune, Deceased; and as Next Friend of Dalton Delaune, Destiny Delaune and Dee
Ann Delaune, Minors (“Appellees”), and file their Objection to Appellant East Texas Medical
Center’s (“ETMC”) First Motion for Extension of Time to File Brief, as follows:
I.
After missing the May 4th , 2015 deadline to file its brief in the above-captioned matter,
ETMC filed its Motion For Extension under TRAP 10.5, subsection (b)(1)(C) of which requires
ETMC to state “the facts relied on to reasonably explain the need for an extension”. It is
Appellees’ position that ETMC’s Motion For Extension fails to provide the requisite “reasonable
explanation” in the following regard.
First, ETMC’s counsel recites a laundry list of pending cases which supposedly would
have kept ETMC from timely preparing its appellant’s brief. However, Texas law is clear that
such generic pleadings of overwork are insufficient to constitute the “reasonable explanation”
required under TRAP 10.5(b)(1)(C). Kidd v. Patton, 1 S.W.3d 309, 311-12 (Tex. App. – Amarillo
1999, pet. denied); Treimee Corp. v. Jiminez, 2002 Tex. App. LEXIS 728 *4-5 (Tex. App. –
Houston [1st Dist.] Jan. 31 2002, pet. denied).
Second, Appellees take sincere exception to ETMC’s blithe boiler plate assertion that
“Appellees have not suffered any material injury” from its delay, supposedly because extensions
are routinely granted. Suffice to say, nearly three years ago on August 19, 2012, while in the
care of ETMC, Appellees’ mother and wife died under horrendously traumatic circumstances, an
event that has had devastating impact on the Delaune family – including its three minor children
– both emotionally and financially. Since that time, Appellees have consistently moved for
prompt resolution of their claims, in the hopes of putting an unspeakably traumatic event behind
them.
Just as consistently, however, ETMC has repeatedly availed itself of measures to avoid
any such prompt resolution, including its current failure to timely prosecute its appeal of the
favorable verdict granted to Appellees at the trial level. See Kidd, 1 S.W.3d at 312-13. Gladstone
famously said that ‘Justice delayed is justice denied’; Appellees would add only that – under our
facts – such delay imposes far greater harm upon the injured, than upon the injurer.
WHEREFORE, PREMISES CONSIDERED, Appellees respectfully request that East
Texas Medical Center’s Motion to Extend be denied.
Respectfully submitted,
RYAN KREBS, M.D., J.D.
805 W. 10th Street, Ste. 300
Austin, TX 78701
(512) 478-2072
(512) 494-0420 – Facsimile
ryan@ryankrebsmdjd.com
RYAN KREBS
State Bar Number 00792088
COUNSEL FOR APPELLEES
CERTIFICATE OF SERVICE
The undersigned certifies that on the 6th day of May, 2015, a true and correct copy
of the foregoing document was delivered to counsel listed below:
VIA E-SERVE & E-MAIL:
Russell G. Thornton
4849 Greenville Avenue, Suite 1150
Dallas, Texas 75206
(214) 954-2200
(214) 754-0999 (Fax)
rthornton@trtblaw.com
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RYAN KREBS