ACCEPTED
12-15-00014-CV
TWELFTH COURT OF APPEALS
TYLER, TEXAS
5/6/2015 10:58:42 AM
CATHY LUSK
CLERK
No. 12-15-00014-CV
___________________________________________________
FILED IN
In the Twelfth Court of 12th COURT OF APPEALS
TYLER, TEXAS
Appeals at Tyler, Texas
5/6/2015 10:58:42 AM
___________________________________________________
CATHY S. LUSK
East Texas Medical Center d/b/a East Texas Medical CenterClerk
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.
___________________________________________________
Appeal from 7th District Court,
Smith County, Texas
Honorable Kerry L. Russell, Presiding Judge
___________________________________________________
APPELLANT EAST TEXAS MEDICAL CENTER’S
FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF
TO THE HONORABLE TYLER COURT OF APPEALS:
COMES NOW, East Texas Medical Center (“ETMC”), Appellant in this matter,
and pursuant to Rules 10.5(b) and 38.6(d) of the TEXAS RULES OF APPELLATE
PROCEDURE, files its First Motion for Extension of Time to File Brief, as follows:
I.
The deadline for ETMC to file its brief in this matter was May 4, 2015. ETMC
requests that it be granted a thirty (30) day extension within which to file its brief,
making its brief due on or before June 3, 2015. There is no specific deadline to file this
APPELLANT EAST TEXAS MEDICAL CENTER’S
FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF – Page 1
Document #224168
motion to extend time under the TEXAS RULES OF APPELLATE PROCEDURE. See, TEX. R.
APP. P., Rule 38.6(d). This motion is filed one day after the Court’s May 5, 2015 letter
and before the May 15, 2014 deadline provided in the Court’s May 5, 2015 letter. This
Court has the authority under Rule 38.6(d) of the TEXAS RULES OF APPELLATE
PROCEDURE to extend the time within which a party has to file a brief.
II.
ETMC bases its request for an extension of time on the following facts.
A. Counsel for ETMC misinterpreted the Court’s April 2, 2015 letter to mean
that the thirty-day time frame within which ETMC’s brief was due did not
begin to run until after the expiration of the thirty (30) days mentioned in
that letter for counsel for ETMC to review the appellate record and request
any supplementation of the appellate record. Thus, counsel erroneously
calculated the deadline for Appellant’s brief to be June 3, 2015;
B. During this time frame counsel for ETMC has had the following additional
obligations that would have interfered with his ability to timely prepare
ETMC’s brief and based on which counsel for ETMC would have timely
sought a motion for extension of time to file ETMC’s brief had he
accurately understood the due date for this brief was May 4, 2015:
1. Response on the Merits to a Petition for Review to the Texas
Supreme Court in Crocker v. Babcock, et al., Case No. 15-0080;
2. Motion for Rehearing in the Texas Supreme Court in Van Ness v.
ETMC First Physicians, et al., Case No. 14-0353;
APPELLANT EAST TEXAS MEDICAL CENTER’S
FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF – Page 2
Document #224168
3. Response on the Merits to a Petition for Review to the Texas
Supreme Court in Reddic v. East Texas Medical Center-Crockett,
Case No. 14-0333;
4. Appellees’ brief in the Dallas Court of Appeals in Phillips v. Jones
and Medical Clinic of North Texas, No. 05-15-00005-CV;
5. Appellees’ brief in the Dallas Court of Appeals in Durham v.
Children’s Medical Center, et al., No. 05-14-01464-CV;
6. Two responses to complaints before the Texas Medical Board, and;
7. One response to a complaint before the Texas Board of Nursing.
III.
ETMC has not sought or been granted any previous extensions for time within
which to file its brief in this matter. Further, Appellees have not suffered any material
injury since initial extensions of time to file appellate briefs are routinely sought and
granted; in addition to the fact that by providing ETMC an additional thirty (30) days to
file its brief the time within which the Tyler Court of Appeals will address and resolve
this matter will not be delayed to any meaningful degree.
WHEREFORE, PREMISES CONSIDERED, East Texas Medical Center
respectfully requests that it Motion to Extend Time to File Brief be granted, thereby
making its brief due on or before June 3, 2015.
APPELLANT EAST TEXAS MEDICAL CENTER’S
FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF – Page 3
Document #224168
Respectfully Submitted,
THIEBAUD REMINGTON THORNTON BAILEY, L.L.P.
By: /s/Russell G. Thornton
RUSSELL G. THORNTON
State Bar Card No. 19982850
rthornton@trtblaw.com
4849 Greenville Avenue, Suite 1150
Dallas, Texas 75206
(214) 954-2200
(214) 754-0999 (Fax)
COUNSEL FOR APPELLANT
EAST TEXAS MEDICAL CENTER d/b/a
EAST TEXAS MEDICAL CENTER
EMERGENCY MEDICAL SERVICES
CERTIFICATE OF CONFERENCE
This is to certify that on the morning of May 6, 2015, counsel for Appellant East
Texas Medical Center attempted to conference with counsel for Appellee regarding this
motion. Counsel for Appellant has not heard back from Appellee’s counsel. In order to
present this matter to the Court in an expeditious a manner as possible, this motion is
being filed before Appellant’s counsel has conferred with Appellee’s counsel.
/s/ Russell G. Thornton
RUSSELL G. THORNTON
APPELLANT EAST TEXAS MEDICAL CENTER’S
FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF – Page 4
Document #224168
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:
Mr. Ryan Krebs, M.D., J.D.
THE LAW OFFICE OF RYAN KREBS, M.D., J.D.
805 W. 10th Street, Suite 300
Austin, Texas 78701
ryan@ryankrebsmdjd.com
/s/ Russell G. Thornton
RUSSELL G. THORNTON
APPELLANT EAST TEXAS MEDICAL CENTER’S
FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF – Page 5
Document #224168
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
Combined Opinion