ACCEPTED
04-15-00341-cv
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
11/3/2015 10:22:28 PM
KEITH HOTTLE
CLERK
NO. 04-15-00341-CV
IN THE COURT OF APPEALS FILED IN
4th COURT OF APPEALS
FOURTH JUDICIAL DISTRICT SAN ANTONIO, TEXAS
SAN ANTONIO, TEXAS 11/3/2015 10:22:28 PM
______________________________________________________
KEITH E. HOTTLE
Clerk
BEXAR COUNTY CIVIL SERVICE COMMISSION
Appellants
vs.
CARMELLA GUERRERO
Appellee
___________________________________________________
APPELLEE’S UNOPPOSED MOTION FOR EXTENSION
OF TIME TO FILE BRIEF
TO THE HONORABLE COURT OF APPEALS:
Comes now Appellee, Carmella Guerrero and pursuant to Tex. R. App. P.
38.6(a) and (d), 10.5(b) and moves this Court to modify the filing time for Appellee’s
Brief by extending the time within which such brief may be filed and in support thereof
would show the following:
I.
This is an appeal from a case styled Carmella Guerrero v. Bexar County Civil
Service Commission, Cause No. 2012-CI-08758, filed in the 225th Judicial District Court
of Bexar County, Texas.
1
II.
Appellant, Bexar County Civil Service Commission, filed a Notice of Appeal on
May 29, 2015. This Court granted several unopposed motions for extension of time for
Appellant to file its brief. Appellant filed its brief on October 5, 2015. Based on the
filing of Appellant’s Brief, Appellee’s Brief in this appeal is due on November 4, 2015.
III.
This cause has not been set for submission. This is Appellee’s first motion for
extension of time to file its brief. No unreasonable delay will result by the granting of
this Motion. Appellee requests an extension of time of thirty (30) days within which to
file his brief. If granted, Appellee’s brief will be due on December 4, 2015.
IV.
This extension of time is necessary because of the heavy trial and appellate
workload of Appellee’s attorney of record, Robert W. Clore. The facts relied on by
Appellee to reasonably explain its need for an extension of time within which to file her
brief are as follows:
1. In addition to the specific matters set forth below, Counsel for Appellee has
multiple additional commitments which interfere with counsel’s ability to timely file
Appellee’s brief;
2. Counsel for Appellee is working on a summary judgment reply on behalf of
Alegis Revenue Group, LLC in Multi-District Litigation styled In re Fraudulent Hospital
Lien Litigation pending in the 430th Judicial District Court, Hidalgo County, Texas.
2
3. Counsel for Appellee is working on an appeal in Jerry Haywood, Lillie
Piper, Geneva McMarion, Hulisher Haywood, James Haywood, Dorothy Haywood-
Dockery, Individually and as Representatives of the Estate of Margaret Haywood,
Deceased v. Regency Nursing Center Partners of Bastrop, Ltd. d/b/a Bastrop Lost Pines
Nursing and Rehabilitation Center on behalf of Regency Nursing Center Partners of
Bastrop, Ltd. d/b/a Bastrop Lost Pines Nursing and Rehabilitation Center in Case
Number 03-15-00653-CV before the 3rd Court of Appeals.
4. Counsel for Appellee is working on a presentation for the Corpus Christi
Bar Association on the Texas Supreme Court Update for November 6, 2015 at the
Solomon Ortiz Center.
V.
For the above and foregoing reasons, Appellee respectfully requests an extension
of time of thirty (30) days or until December 4, 2015 within which to file her brief. This
Motion is not sought for the purposes of delay but rather, so that justice may be done.
VI.
The undersigned communicated with Clarkson F. Brown, Attorney for Appellant
Bexar County Civil Service Commission, and he indicated Appellant does not oppose this
Motion.
WHEREFORE, premises considered, Appellee, Carmella Guerrero, prays that
this Court modify the filing time for Appellee’s brief by granting an extension of time of
thirty (30) days or until December 4, 2015, within which to file her brief. Appellee prays
3
for such other and further relief both in law and in equity to which she may be justly
entitled to receive.
Respectfully submitted,
/s/ Robert W. Clore_______
Robert W. Clore
State Bar No. 24012436
15481 South Padre Island Drive
Suite 101
Corpus Christi, Texas 78418
Telephone: (361) 558-3527
Facsimile: (361) 949-0908
rclore@robclorelaw.com
Orlando Lopez
Lopez Scott, L.L.C.
State Bar No. 2401096
3703 N. St. Mary’s Street, Suite 200
San Antonio, Texas 78212
Telephone: (210) 472-2100
Telecopier: (210) 472-2101
olopez@lopezscott.com
ATTORNEYS FOR APPELLEE, CARMELLA
GUERRERO
4
CERTIFICATE OF CONFERENCE
I, Robert W. Clore, certify that I communicated with Clarkson F. Brown, Attorney
for Appellant, Bexar County Civil Service Commission, and he indicated that Appellant does
not oppose this Motion.
/s/ Robert W. Clore_______
ROBERT W. CLORE
CERTIFICATE OF SERVICE
This is to certify that the above and foregoing instrument has been forwarded to
counsel as indicated below on this the 3rd day of November, 2015.
Clarkson F. Brown, Attorney for the Bexar County Civil Service Commission,
cbrown@bexar.org.
VIA E-FILING
/s/ Robert W. Clore_______
Robert W. Clore
5