Rosalinda Reyes v. Memorial Hermann Health D/B/A TIRR Memorial Hermann

ACCEPTED
14-14-00379-CV
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
2/11/2015 12:37:05 PM
CHRISTOPHER PRINE
CLERK

NO. 14-14-00379-CV

In the Court of Appeals for the
FOURTEENTH DISTRICT OF TEXAS

ROSALINDA REYES
APPELLANT

V.

MEMORIAL HERMANN HEALTH SYSTEM D/B/A TIRR MEMORIAL
HERMANN
APPELLEE

On Appeal from the
129th District Court, Harris County, Texas, Cause No. 2013-35690,
The Hon. Michael Gomez, Judge Presiding

UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF

TO THE HONORABLE COURT OF APPEALS:

COMES NOW, Memorial Hermann Health System d/b/a TIRR Memorial

Hermann and files this Unopposed Motion to Extend Time to File Appellee’s

Brief. In support of this Motion, Appellee shows unto this Court the following:

A.

INTRODUCTION

1. This is an interlocutory appeal brought by Appellant pursuant to the

Texas Civil Practice & Remedies Code Section 51.014(a)(9), which allows an
interlocutory appeal from an order denying a motion to dismiss under Texas Civil

Practice & Remedies Code Section 74.351 (b). The Appellant is Rosalinda Reyes

and the Appellee is Memorial Hermann Health System d/b/a Memorial Hermann

TIRR.

B.

ARGUMENT & AUTHORITIES

2. No rule limits the time within which to file this Motion to Extend.

Tex. R. App. P. 38.6.

3. The Court may extend time to file Appellee’s Brief under the

authority of Tex. R. App. P. 38.6(d).

4. Appellee’s Brief is due on or about February 16, 2015.

5. Appellee requests an additional thirty (30) days from the current due

date in which to file its brief, extending the time to March 16, 2015.

6. Appellee has previously requested two extensions to file its brief.

7. An extension of time to file Appellee’s Brief would allow Appellee to

prepare its brief with the thoughtful consideration and deliberation that this

important matter requires.
 PRAYER

8. For these reasons, Appellee asks the Court to grant an extension of

time to file its Brief to March 16, 2015.

Respectfully submitted,

LUCCIA & EVANS, L.L.P.

By /s/ Frank N. Luccia
Frank N. Luccia
SBN 12664400
fnluccia@luccia-evans.com
Mary M. Wagner
SBN 20659920
mmwagner@luccia-evans.com
8 Greenway Plaza, Suite 1450
Houston, Texas 77046
(713) 629-0002 / Fax (713) 629-0004

ATTORNEYS FOR APPELLEE

CERTIFICATE OF CONFERENCE

I hereby certify that we have conferred with counsel for Appellant regarding
the foregoing motion and opposing counsel is unopposed.

/s/ Frank N. Luccia_____
Frank N. Luccia/Mary M. Wagner
 CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing
Motion to Extend Time to File Appellee’s Brief has been forwarded to counsel for
Appellant via [ ] facsimile, [ ] certified mail, return receipt requested, [X] e-service
on the 11th day of February, 2015 as follows:

Kevin Adley
Gilbert Garza
ADLEY LAW FIRM LTD, LLP
1421 Preston St.
Houston, TX 77002

/s/ Frank N. Luccia_____
Frank N. Luccia/Mary M. Wagner