ACCEPTED
03-14-00535-CV
4373687
THIRD COURT OF APPEALS
AUSTIN, TEXAS
3/4/2015 3:31:14 PM
JEFFREY D. KYLE
CLERK
No. 03-14-00535-CV
FILED IN
In the Third Court of Appeals 3rd COURT OF APPEALS
AUSTIN, TEXAS
3/4/2015 3:31:14 PM
Austin, Texas
JEFFREY D. KYLE
Clerk
DAVID YOUNG, APPELLANT
v.
TRAILS END HOMEOWNERS ASSOCIATION, INC.; TLS PROPERTIES, LTD.; TLS
OPERATING COMPANY, LLC; VAN KEENE; AND RICK DURAPAU, APPELLEES
APPEAL FROM CAUSE NO. D-1-GN-10-003864
200TH DISTRICT COURT OF TRAVIS COUNTY, TEXAS
HON. GISELA D. TRIANA
EMERGENCY MOTION FOR EXTENSION OF TIME
Stephen Casey
Texas Bar No. 24065015
ORAL
CASEY LAW OFFICE, P.C. ARGUMENT
595 Round Rock West Drive REQUESTED
Suite 102
Round Rock, Texas 78681
Telephone: 512-257-1324
Fax: 512-853-4098
stephen@caseylawoffice.us
Counsel for Appellant
David Young
1
Grounds
1. Appellant requests and extension of time to file Appellant’s brief under Texas
Rule of Appellate Procedure 10.5.
2. The deadline for the brief is March 4, 2015.
3. On March 3, 2015, at 6:00 p.m., while Counsel was completing the brief in
this case, he was contacted for an emergency end-of-life case. Counsel will
need two weeks to work on this case, from the restraining order through
temporary injunctive relief. A redacted copy of the emergency intervention
request is attached as Exhibit 1.
4. As per Exhibit 2, attached, Counsel did reach out, communicate extensively
last night between 8 pm and 11 pm on the phone with the new party and other
counsels, and was retained to draft/file an emergency application for
guardianship. This includes drafting a suit for declaratory relief against the
hospital and to coordinating getting emergency relief for today, in addition to
filing in the next days emergency subpoenas duces tecum and receiving what
experience has shown will be are several thousand pages of medical records.
This will heavily impacted the completion and editing time of the brief for last
night and today.
5. Due to the time it will take to work on the right-to-life case, an extension is
requested for two (2) weeks. Counsel has obtained a local attorney to aid in
drafting the emergency case, thus, the brief would now be due on March 18,
2015.
6. No response from the opposing counsels regarding Emergency Motion for
Extension of Time has been received due to the quick response needed.
7. This is the third request for an extension.
Prayer
Appellant prays this Court grant this extension.
Stephen Casey
Texas Bar No. 24065015
2
Casey Law Office, P.C.
595 Round Rock West Drive
Suite 102
Round Rock, Texas 78681
Telephone: 512-257-1324
Fax: 512-853-4098
info@caseylawoffice.us
CERTIFICATE OF CONFERENCE
I hereby certify that on March 4, 2015, I contacted the opposing counsels on
Emergency Motion for Extension of Time. As of this time I have not received any
responses from opposing counsels. It would prejudice the client to wait further.
/s/ Stephen Casey
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing motion was
served upon counsels for Appellees on Wednesday, March 4, 2015, via electronic
transmission:
Christopher R. Mugica
Jackson Walker LLP
1000 Congress Avenue, Suite 1100
Austin, TX 78701-4042
Jonathan Quick
720 Brazos St., Ste. 700
Austin, TX 78701-2974
/s/ Stephen Casey
3
EXHIBIT 1
From: Stephen Casey caseystep@gmail.com
Subject: Re: Urgent End of Life Situation
Date: March 3, 2015 at 7:52 PM
To: Lynne@
Cc: Catherine Greg Joseph
Joseph P.
I will reach out to her shortly. The intake has some vague part to it that are
On Mar 3, 2015, at 7:26 PM, Lynne@a wrote:
I am leaving for the night now. Please keep me on all emails. Lillian can be reached at and
Lillian.
Thanks,
Lynne
!
From: Catherine
Sent: Tuesday, March 03, 2015 5:59 PM
To: Lynne@
Cc: Greg ; Stephen Casey; Joseph E. ; Joseph P.
Subject: Re: Urgent End of Life Situation
!
I!second!the!apologies!0!as!you!know,!that's!how!these!o7en!are.!I'm!also!available!by!cell!if!you!need!to!call!0
Many!blessings,!as!always,
!
Catherine!
LiGgaGon!Counsel
!
cfoster@
On!Mar!3,!2015,!at!19:51,!Lynne !wrote:
Dear Greg and Stephen,
Is it possible that you can assist with this urgent situation? We would like for you to take lead on this, but
if you cannot, we do have some other Allied Attorneys in the San Antonio area but they would likely need
a lot of guidance. We have not sent out a general request to other allies yet so we do not have anyone
lined up on the ground in San Antonio as of now. Please reply – all - to this email to let us know if you
can assist and what you will need from us. You may call Joe tonight on his cell, .
Lillian has a 34 year old brother, Walter who is on life support after suffering severe hypoxia due
to Walter is not married. The only family members
are Lillian and her mother Carmen . There is no living will, advance directive, nor a medical
power of attorney. Walter was but has been capable of
making his own medical decisions up to this point. Doctors are speaking with both Lillian and her
mother. He is at in San Antonio. Chief Neurologist insisted on a
cerebral profusion study to determine whether there is blood flow to the brain. They should have the
results tonight. They want to do an apnea test within 24 hours after the results of the profusion test. Dr.
told Lillian that when they do the apnea test, after removing vent, if he does not breathe on their
own, by law they cannot put the ventilator back and they will allow him to die. Lillian asked to speak with
the medical ethics director yesterday because she was getting conflicting info about the profusion test and
was under the impression that the hospital must give them 10 days to find another facility to take him.
The ethics director said no, the 10 days doesn't apply here because we’re talking about brain death, not
some other treatable condition. Lillian wants a second opinion from a doctor not affiliated with this
hospital but they are not willing to give her enough time to locate another doctor. The moment Walter
was admitted to the hospital the staff starting talking to Lillian and Carmen about donating his organs.
was admitted to the hospital the staff starting talking to Lillian and Carmen about donating his organs.
Lillian feels this is why there is a big rush; they will continue to pressure them to donate his organs.
Lillian and Carmen want all measures taken to preserve Walter’s life and give him a chance. Walter has
very strong religious beliefs regarding life. The family needs more time to try and obtain a second medical
opinion and possibly seek another hospital to transfer him to. They need an attorney to help them get
more time.
Thanks,
Lynne
Lynne
Legal!Intake!Coordinator
PRIVILEGED AND CONFIDENTIAL - ATTORNEY-CLIENT
COMMUNICATION/ATTORNEY WORK PRODUCT.
EXHIBIT 2
From: Lillian
Subject: Re: Contact information
Date: March 3, 2015 at 11:34 PM
To: Stephen Casey
Cc: Greg Margo
Yes, I consent to being represented by the Texas Center for Defense of Life.
Thank you so much.
Lillian
From: Stephen Casey
Subject: Contact information
Date: March 3, 2015 at 11:22 PM
To: Lillian.
Cc: Greg , Margo
Lillian,
This email is to confirm that Texas Center for Defense of Life has permission to represent you, Lillian, in a guardianship suit to prevent the hospital from
removing life-sustaining treatment from your brother against your will as his expected health care guardian. If that is your desire, please respond yes to this
email.
Greg and Margo are copied on this email. To facilitate them communicating with you, your phone number is and I expect
Margo
Have a blessed night,
Stephen
President
Casey Law Office, P.C.
www.caseylawoffice.us
595 Round Rock West Drive, Suite 102
Round Rock, Texas 78681
(512) 257-1324 (office)
(512) 853-4098 (fax)
Transforming Lives Through Justice
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