Debra C. Gunn, MD, Obstetrical and Gynecological Associates, P.A. and Obstetrical and Gynecological Associates, PLLC v. Andre McCoy, as Permanent Guardian of Shannon Miles McCoy, an Incapacitated Person

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ACCEPTED 14-14-00112-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 1/23/2015 7:28:48 PM CHRISTOPHER PRINE CLERK NO. 14-14-00112-CV __________________________________________________________ FILED IN 14th COURT OF APPEALS IN THE COURT OF APPEALS FOR THE FOURTEENTH DISTRICT OF TEXAS HOUSTON, TEXAS __________________________________________________________ 1/23/2015 7:28:48 PM CHRISTOPHER A. PRINE Clerk, P.A.; DEBRA C. GUNN, M.D.; OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES AND OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES P.L.L.C., Appellants, v. ANDRE MCCOY, AS PERMANENT GUARDIAN OF SHANNON MILES MCCOY, AN INCAPACITATED PERSON, Appellee. __________________________________________________ On Appeal from Cause No. 352,923-401 In the Second Probate Court of Harris County, Texas __________________________________________________ UNOPPOSED MOTION TO INCREASE WORD-COUNT LIMIT FOR REPLY BRIEF __________________________________________________ TO THE HONORABLE COURT OF APPEALS: Appellant Debra Gunn, M.D., respectfully files this unopposed motion to increase by 1,958 words the word count for Dr. Gunn’s Reply Brief. In support of this request, Dr. Gunn would show the Court as follows: 1. McCoy has filed briefs totaling 37,995 words in this case. On September 8, 2014, McCoy filed a Response to OGA’s opening brief containing 18,962 words. On December 4, 2014, McCoy filed a Response to Dr. Gunn’s opening brief containing 19,033 words. 2. McCoy has not requested, and has not been granted, an extension to the usual 15,000-limit for either response brief. Nor has McCoy requested or received an extension of the usual 27,000-word count applicable to a party’s aggregate appellate briefing. 3. Dr. Gunn’s reply brief must take into consideration McCoy’s nearly 38,000 words of briefing, as well as OGA’s response brief on the issue of indemnity. 4. Under Texas Rule of Appellate Procedure 9.4, Dr. Gunn is allocated 7,500 words to use in her Reply brief. By this motion, Dr. Gunn asks the Court to increase her word count by 1,958 words. 5. This motion is unopposed. 6. Dr. Gunn has endeavored to provide the Court with a succinct reply that will assist the Court in understanding the issues presented in this case and arrive at a just result. However, due to the numerous issues raised by this appeal and McCoy’s voluminous briefing, Dr. Gunn was unable to draft a reply with fewer than 7,500 words. Dr. Gunn therefore requests an extension for good cause. See TEX. R. APP. P. 9.4(i)(4). 7. Dr. Gunn is not filing this motion for the purpose of imposing any burden, but rather to enable Dr. Gunn to file a reply that will assist the Court in resolving this matter. 2 PRAYER For the forgoing reasons, Dr. Gunn respectfully asks the Court to grant this Motion and to allow additional words to Dr. Gunn’s reply brief in order to comport with Texas Rules of Appellate Procedure 9.4(i)(2)(B) and (C). Dr. Gunn also requests all such other relief to which she is entitled. Respectfully submitted, BEIRNE, MAYNARD & PARSONS, L.L.P. /s/ Jeffery T. Nobles Jeffery T. Nobles State Bar No. 15053050 jnobles@bmpllp.com Nicholas D. Stepp State Bar No. 24077701 nstepp@bmpllp.com 1300 Post Oak Boulevard, Suite 2500 Houston, Texas 77056 Telephone: (713) 623-0887 Facsimile: (713) 960-1527 HARRIS HILBURN L.L.P. Barbara A. Hilburn State Bar No. 09618950 bhilburn@hhstxlaw.com 1111 Rosalie Street Houston, Texas 77004 Telephone: (713) 223-3936 Facsimile: (713) 224-5358 Attorneys for Appellant Debra C. Gunn, M.D. 3 CERTIFICATE OF CONFERENCE I hereby certify that I conferred with opposing counsel to ask if they are opposed or unopposed to the relief requested in this motion and that they are unopposed. /s/ Jeffery T. Nobles Jeffery T. Nobles CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been sent via e-filing or facsimile to the following parties on January 23, 2015: THE KLEIN LAW FIRM HUND, KRIER, WILKERSON & Alexander B. Klein, III WRIGHT, P.C. Email: Jim Hund Alex@thekleinlawfirm.com Email: Jhund@hkwwlaw.com 2000 The Lyric Centre Linda Russell 4400 Louisiana St. Email: Lrussell@hkwwlaw.com Houston, Texas 77002 P.O. Box 54390 Telephone: (713) 650-1111 Lubbock, Texas 79453-4390 Facsimile: (713) 227-1121 Telephone: (806) 783-8700 Facsimile: (806) 783-8710 THE TROMBLEY LAW FIRM, P.L.L.C. J. Todd Trombley Email: Todd@trombleylaw.com 442 Heights Boulevard Houston, Texas 77007 Telephone: (713)869-1240 Facsimile: (713)869-1465 /s/ Nicholas D. Stepp Nicholas D. Stepp 2105783v.1 IMANAGE 106682 4