Humana Insurance Company v. Dolores Mueller

ACCEPTED
04-14-00752-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
1/30/2015 3:29:03 PM
KEITH HOTTLE
CLERK
CAUSE NO. 04-14-00752-CV
FILED IN
HUMANA INSURANCE COMPANY § IN THE COURT OF4th
APPEALS
COURT OF APPEALS
APPELLANT § SAN ANTONIO, TEXAS
§ FOURTH COURT 01/30/2015
OF APPEALS 3:29:03 PM
§ DISTRICT KEITH E. HOTTLE
VS. § Clerk
§
DOLORES MUELLER §
APPELLEE § SAN ANTONIO, TEXAS
____________________________________________________________________________
SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE BRIEF OF APPELLEE
____________________________________________________________________________
TO THE HONORABLE JUSTICES OF SAID COURT:
Appellee, Dolores Mueller, and respectfully requests that this Court extend the deadline to
file the Response to Brief of Appellant by two weeks.
A. Factual and Procedural History
1. This case is on appeal from County Court at Law No. 3, Bexar County, Texas. It is an appeal
from a DENIAL of a Plea to the Jurisdiction.
2. The style and number of the case in the trial court was Cause No. C-37665; Dolores Mueller
vs. Humana Insurance Company; In the County Court at Law #3; Bexar County, Texas. The present
deadline for Appellee to file her response to Appellant’s Brief is presently January 30, 2015.
B. Argument and Authorities
3. This Court has the authority to grant a motion to extend the deadline to file a party’s brief
under Texas Rule of Appellate Procedure 10.5(b).
4. Appellant’s Brief in the above appeal was filed on December 19, 2014. This court has
granted one prior extension of the deadline to file Appellee’s brief. Appellee requires additional
MUELLER VS. HUMANA INS. CO. //APPELLEE’S 2nd UNOPPOSED MOTION FOR ENLARGEMENT OF TIME- p. 1 of 3
time to review the appellate record, perform the legal research, and draft briefs that will be helpful
to this Court. Counsel for Appellee has found that his ambition to complete the brief was
overmatched by other professional obligations. Appellee therefore seeks an extension of time until
February 13, 2015 to file her response.
6. Counsel for Appellee has consulted with counsel for Appellant about this matter, and is
authorized to say that Appellant does not oppose this Motion.
C. Conclusion and Prayer
7. For the foregoing reasons, Appellee Dolores Mueller respectfully requests that this Court
grant this UNOPPOSED Motion for Extension of Time to File her Response to Brief of Appellant,
and extend the deadline filing those briefs until February13, 2015.
Respectfully submitted,
Digitally signed by:
Stephe Stephen G. Nagle
DN: CN = Stephen G.
Nagle email =
n G. sgnagle@lawyernagle.com
C = US O = Nagle Law
Firm OU = Attorney
Nagle Date: 2015.01.30 14:53:32
_______________________________
-06'00'
Stephen G. Nagle
State Bar No. 14779400
Stephen G. Nagle & Associates
1002 West Avenue, Suite 100
Austin, Texas 78701
(512)480-0505 phone
(512)480-0571 fax
sgnagle@lawyernagle.com
COUNSEL FOR APPELLEE
CERTIFICATE OF CONFERENCE
By my signature above, I certify that on January 30, 2015, I e-mailed a copy of this motion
to Lisa Alcantar, Counsel for Appellant Humana Insurance Company. On January 30, 2015, Ms.
Alcantar responded, on behalf of her client, that Humana does not oppose this motion.
MUELLER VS. HUMANA INS. CO. //APPELLEE’S 2nd UNOPPOSED MOTION FOR ENLARGEMENT OF TIME- p. 2 of 3
CERTIFICATE OF SERVICE
By my signature above, I certify that on January 30, 2015, a true and correct copy of the
foregoing Motion was electronically served on the following counsel of record:
Lisa Alcantar
lalcantar@prdg.com
Rick Foster
rfoster@prdg.com
Porter, Rogers, Dahlman & Gordon, P.C.
745 East Mulberry Avenue, Suite 450
San Antonio, Texas 78212
Attorneys for Defendants
MUELLER VS. HUMANA INS. CO. //APPELLEE’S 2nd UNOPPOSED MOTION FOR ENLARGEMENT OF TIME- p. 3 of 3