ACCEPTED
04-15-00392-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
10/21/2015 1:51:16 PM
KEITH HOTTLE
CLERK
No. 04–15–00392–CV
JOYCE ANN SARRO IN THE COURT OF APPEALS
FILED IN
vs. 4TH COURT OF APPEALS
4th COURT DISTRICT
OF APPEALS
SAN ANTONIO, TEXAS
MICHAEL A. SARRO SAN10/21/2015
ANTONIO, TEXAS
1:51:16 PM
KEITH E. HOTTLE
Second Motion for Extension of Time To File a Brief by Appellant
Clerk
(Unopposed)
Comes now appellant, Joyce Ann Sarro, and moves the Court to extend the time to
file her brief, pursuant to Tex. R. App. P. 10.1, 10.5, and Article I, section 19 of the Texas
Constitution.
1. Appellant’s brief is presently due on October 21, 2015.
2. An extension for 30 days is requested to November 20, 2015.
3. Previously, the undersigned counsel for Appellant indicated that his brother, hand-
icapped with Down’s Syndrome, was hospitalized on August 31, 2015, and discharged on
September 5, 2015. However, he was again hospitalized on September 29, 2015, and is at
this time still in the hospital. Attached as exhibit ’A’ is a master patient index sheet which
shows under the admitting and discharge columns that he was admitted on August 31, 2015
and discharged on September 5, 2015, and then on September 29, 2015, he was admitted
into the ER, then discharged from the ER and admitted into the hospital proper on that
same date. On October 9, his status changed at the hospital to a swing bed program, and he
remains in the hospital, as indicated in the discharge column as “inhouse”. The undersigned
is the only family member who has been able to assist with his brother’s situation, and has
no spouse or child who could otherwise help.
4. This is the second request for an extension of time to file a brief by Appellant.
5. This extension is not sought solely for delay, but that justice may be done.
6. An inquiry was made about this motion to the attorney for Appellee, who indicated
that the motion is not opposed.
1
Prayer
Therefore, Joyce Ann Sarro prays that this motion be filed, that an extension of time
be granted to November 20, 2015 to file Appellant’s brief, and that she have such other
relief, in law or equity, to which she may be justly entitled.
Respectfully submitted,
/s/ R. Robert Willmann, Jr.
R. Robert Willmann, Jr.
Attorney at Law
P.O. Box 460167
San Antonio, Texas 78246
Tel 844.244.9973
Temporary Fax 361.552.4305
willaw@prismnet.com
Bar No. 21655960
Certificate of Service
I certify that this motion was served by–
electronic service through an electronic filing manager and by fax to Rachel Sadovsky;
Cordell & Cordell; 10101 Reunion Place, Suite 250; San Antonio, Texas 78216
(rsadovsky@cordelllaw.com) (attorney for Michael A. Sarro);
on the 21st day of October, 2015.
/s/ R. Robert Willmann, Jr.
R. Robert Willmann, Jr.
2
Exhibit A
Affidavit Regarding Exhibit
State of Texas
County of Calhoun
Before me, the undersigned authority, personally appeared R. Robert Willmann, Jr.,
who, after being duly sworn, stated as follows.
"I, R. Robert Willmann, Jr., am over 18 years of age, am an attorney licensed to
practice law in the State of Texas, and am otherwise competent to make this affidavit.
I am an attorney for appellant Joyce Ann Sarro regarding this appeal.
Attached to this affidavit and made a part of this exhibit 'A'is a true and complete copy
of a patient index sheet from the Memorial Medical Center hospital in Port Lavaca, Texas,
which I personally requested and received on October 21, 2015, at the hospital regarding
my brother David Willmann. I have made a few redactions to it.
I have personal knowledge of the contents of this affidavit and they are true and
correct."
R. Robert W i a n n , Jr.
Affiant
a
Subscribed and sworn to before me on this 21st day of October, 2015, to which witness my
hand and seal of office.
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WILLMANN DAVID
WILLMANN DAVID PRE-ADM
WILLMANN DAVID PRE-ADM
W ILLMANN DAVID 10/09/2015
WILLMANN DAVID 9/29/2015
WILLMANN DAVID 9/05/2015
WILLMANN DAVID 8/31/2015 58 807 14
WILLMANN DAVID 7/08/2015 ER 58 OOC 30
WILLMANN DAVID 3/13/2015 MEDRE MS 58 OOf 10
WILLMANN DAVID 3/10/2015 OT 58 006 10
WILLMANN DAVID 1/12/2015 LA 58, 006 10
WILLMANN DAVID 12/09/2014 ER 58 807 76
WILLMANN DAVID 7/24/2014 LA 57 006 10
WILLMANN DAVID 7/21/2014 MEDRE SW 57 006 10
WILLMANN DAVID 7/15/2014 MEDRE MS 57 006 10
WILLMANN DAVID 6/19/2014 LA 57 OO? 10
WILLMANN DAVID 6/17/2014 MEDRE SW 57 006 10
WILLMANN DAVID 6/12/2014 MS 57 006 10
WILLMANN DAVID 6/03/2014 RA 57 OOf 10
WILLMANN DAVID 6/02/2014 ER 57 807 13
WILLMANN DAVID 5/28/2014 LA 57 006 10
Joyce Ann Sarro v. Michael A. Sarro
Combined Opinion