ACCEPTED
01-14-00508-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
4/10/2015 3:48:13 PM
CHRISTOPHER PRINE
CLERK
No. 01-14-00508-CV
IN THE
1st Court of Appeals FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
Houston,Texas 4/10/2015 3:48:13 PM
______________________ CHRISTOPHER A. PRINE
Clerk
FRANCISCO CHAMUL,
Appellant,
v.
AMERISURE MUTUAL INSURANCE CO.,
Appellee.
______________________
APPELLEE’S UNOPPOSED MOTION FOR
EXTENSION OF TIME TO FILE BRIEF
TO THE HONORABLE FIRST COURT OF APPEALS:
COMES NOW, Amerisure Mutual Insurance Co., Appellee, (“Amerisure”)
and files this Unopposed Motion for Extension of Time to File its Brief and in
support thereof respectfully shows the following:.
A. Introduction
1. This is an appeal from a final judgment rendered in the trial court.
This is Amerisure’s first Motion for Extension of Time to file its Brief.
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2. Appellant filed his Brief on February 13, 2015. Amerisure’s Brief is
presently due to be filed on or before April 14, 2015. A previous 30 day extension
was granted to Amerisure.
3. This Motion seeks an extension of time of ten (10) days, up to and
including April 24, 2015 for Amerisure to file its Brief on the Merits.
B. Bases for Extension
5. Amerisure requests this extension not for purpose of delay, but so that
justice may be done. Counsel for Amerisure has/had the following hearings
scheduled:
Oral argument before the Texas Supreme Court on March 26, 2015 in Cause
No. 14-0272, SeaBright Insurance Company v. Lopez.
An administrative contested case hearing in Docket No. DN-15-147701-01-
CC-DN41 before the Texas Department of Insurance, Division of Workers’
Compensation on March 30, 2015 in Denton, Texas.
An administrative benefit review conference in Docket No. 1324540-03-BR
before the Texas Department of Insurance, Division of Workers’
Compensation on March 31, 2015 in Waco, Texas.
An administrative medical contested case hearing in Docket No. E1-
06144769-01-CC-EP46 before the Texas Department of Insurance, Division
of Workers’ Compensation on April 1, 2015 in El Paso, Texas.
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Lead Counsel Dana M. Gannon had jury duty on April 6, 2015.
An administrative contested case hearing in Docket No. 14141582-03-CC on
April 7, 2015 before the Texas Department of Insurance, Division of
Workers’ Compensation in Houston, Texas.
Motion for Summary Judgment hearing before the 162nd Judicial District
Court of Dallas County, Texas on April 7, 2015 in Cause No. 13-00583,
styled Reyna v. Highlands Ins. Co.
An administrative contested case hearing on April 9, 2015 in Docket No.
14254321 before the Texas Department of Insurance, Division of Workers’
Compensation in Waco, Texas.
Motion for Summary Judgment hearing before the 169 th Judicial District
Court of Bell County, Texas on April 10, 2015 in Cause No. 238-511-C,
Graham v. Highlands Ins. Co.
A trial setting in the 136th Judicial District Court of Jefferson County, Texas
(set for the entire month of April) in Cause No. D-194,275, styled Cogar v.
SeaBright Ins. Co.
An administrative benefit review conference on April 13, 2015 in Cause No.
13247401-01-BR before the Texas Department of Insurance, Division of
Workers’ Compensation in Houston, Texas.
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An administrative contested case hearing on April 13, 2015 in Docket No.
13236224-01-CC before the Texas Department of Insurance, Division of
Workers’ Compensation in Houston, Texas.
A Plea to Jurisdiction and Motion to Reinstate a Claim for Lifetime Income
Benefits hearing on April 14, 2015 in County Court at Law No. 2 in Nueces
County, Texas in Cause No. 2011-CCV-61218-2, styled Hawes v. Highlands
Ins. Co.
Lead Counsel Dana M. Gannon is departing April 15, 2015 for depositions
scheduled out of state in in Cause No. 238-511-C, Graham v. Highlands Ins.
Co.
C. Prayer
Amerisure respectfully requests the Court grant this Motion and for all other
relief to which it may be entitled.
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Respectfully submitted,
By: /s/ Joy M. Brennan
SMITH & CARR, P.C.
Dana M. Gannon
State Bar No. 07623800
dgannon@smithcarr.com
Joy M. Brennan
State Bar No. 24040569
jbrennan@smithcarr.com
9235 Katy Freeway, Suite
Houston, Texas 77024
Telephone: (713) 933-6700
Facsimile: (713) 933-6799
ATTORNEYS FOR APPELLEE,
AMERISURE MUTUAL INSURANCE
CO.
CERTIFICATE OF CONFERENCE
I certify that Appellee conferred with counsel for the Appellant on April 10,
2015 and Appellant is unopposed to this motion.
/s/ Joy M. Brennan
Joy M. Brennan
CERTIFICATE OF COMPLIANCE
I certify that as counsel for Appellee that the number of words in this
document is 782 as calculated by Microsoft Word.
/s/ Joy M. Brennan
Joy M. Brennan
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CERTIFICATE OF SERVICE
A true and correct copy of this Motion has been forwarded via E-Service to
all counsel of record on April 10 2015, as follows:
Brad McClellan
Law Offices of Richard Pena, P.C.
1701 Directors Blvd., Suite 110
Austin, Texas 78744 Via E-Service
Larry Trimble
Trimble & Grantham
902 Heights Blvd.
Houston, Texas 77008 Via E-Service
/s/ Joy M. Brennan
Joy M. Brennan
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