ACCEPTED
04-15-00561-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
10/30/2015 8:39:25 AM
KEITH HOTTLE
CLERK
NO. 04-15-00561-CV
FILED IN
4th COURT OF APPEALS
IN THE SAN ANTONIO, TEXAS
FOURTH COURT OF APPEALS 10/30/2015 8:39:25 AM
AT SAN ANTONIO, TEXAS KEITH E. HOTTLE
Clerk
SPECIALTY SELECT CARE CENTER OF SAN ANTONIO D/BA CASA
RIO HEALTHCARE AND REHABILITATION,
Appellant
v.
HELEN ARLENE OWEN, ON BEHALF OF ALL WRONGFUL DEATH
BENEFICIARIES AND HEIRS OF LILY MINES, DECEASED, et al.,
Appellees
UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE
APPELLEES’ BRIEF UNTIL 21 DAYS AFTER THE PARTIES MEDIATE
Gavin McInnis
Texas Bar No. 13679800
gavin@marynellmaloneylawfirm.com
Michelle Maloney
Texas Bar No. 24069099
michelle@marynellmaloneylawfirm.com
Marynell Maloney Law Firm, PLLC
115 E. Travis, Suite 1800
San Antonio, Texas 78205
(210) 212-8000 telephone
(210) 212-8385 facsimile
Attorneys for Appellees
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TO THE HONORABLE FOURTH COURT OF APPEALS:
Appellees, Helen Arlene Owen, on Behalf of all Wrongful Death
Beneficiaries and Heirs of Lily Mines, Deceased; Trinidad Virginia Luna Rangel
and Ted Richard Luna, as all Wrongful Death Beneficiaries and Heirs of Trinidad
Luna, Deceased; Carrie Lopez, on behalf of all Wrongful Death Beneficiaries and
Heirs of Porfirio Ramirez, Deceaased; Sandra Mata, on behalf of all Wrongful
Death and Beneficiaries and Heirs of Juanita Trinidad, Deceased, Carmen Perez, as
Wrongful Death Beneficiary and on Behalf of the Estate of Sally Perez, Deceased
and Reginald Bateman, as Wrongful Death Beneficiary and Heir of Doris Lewis,
Deceased file this unopposed motion asking the court for an extension of time to
file their Appellees’ Brief until January 5, 2016, which is 21 days after the date the
parties’ have agreed to mediate the underlying dispute.
The parties have scheduled a mediation of the underlying dispute for
December 15, 2015.
Appellees’ Brief is currently due on November 16, 2015. Appellees
respectfully request an extension of time for Appellees to file their brief until
January 5, 2016, which is 21 days after the mediation date agreed upon by the
parties.
This is Appellees’ first request for an extension of time to file their brief.
This request is unopposed.
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Good cause exists for this request. As noted above, the parties have agreed
to mediate the underlying dispute. Granting the extension sought by Appellees
will promote “the policy of this state to encourage the peaceable resolution of
disputes…and the early settlement of pending litigation through voluntary
settlement procedures.” TEX. CIV. PRAC. & REM. CODE § 154.002. Furthermore,
the mediation, if successful, will result in a dismissal of this appeal thus freeing up
judicial resources.
This extension is not sought for the purposes of delaying this appeal, but so
that justice may be done.
PRAYER
Appellees respectfully request that the Court extend the deadline for
Appellees to file Appellees’ Brief until January 5, 2016.
Respectfully submitted,
/s/ Gavin McInnis
Gavin McInnis
Texas Bar No. 13679800
gavin@marynellmaloneylawfirm.com
Michelle Maloney
Texas Bar No. 24069099
michelle@marynellmaloneylawfirm.com
115 E. Travis, Suite 1800
San Antonio, Texas 78205
Telephone: (210) 212-8000
Facsimile: (210) 212-8385
Attorneys for Appellees
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CERTIFICATE OF CONFERENCE
I hereby certify that on October 29, 2015, I conferred by e-mail with Jeffrey
Cook, counsel for Appellant, who advised that he is unopposed to this motion.
/s/ Gavin McInnis
Gavin McInnis
CERTIFICATE OF SERVICE
This is to certify that on the 30th day of October 2015 a copy of the
foregoing was served pursuant to the Texas Rule of Appellate Procedure 9.5 upon
the following counsel:
Jeffrey Cook Carl J. Kolb
jcook@sullivancook.com carl@carlkolblaw.com
Adam Barela Jeffrey L. Stewart
abarela@sullivancook.com jeff@carlkolblaw.com
SULLIVAN & COOK, LLC CARL J. KOLB, P.C.
600 E. Las Colinas Blvd., Suite 1300 926 Chulie Drive
Irving, Texas 75039 San Antonio, Texas 78216
Attorneys for Appellant Attorneys for Appellant
Elizabeth Conry Davidson
conrydavidson@gmail.com
926 Chulie Drive
San Antonio, Texas 78216
/s/ Gavin McInnis
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