ACCEPTED
03-15-00596-CV
7879540
THIRD COURT OF APPEALS
AUSTIN, TEXAS
11/18/2015 10:08:28 AM
JEFFREY D. KYLE
CLERK
NO. 03-15-00596-CV
FILED IN
IN THE COURT OF APPEALS 3rd COURT OF APPEALS
AUSTIN, TEXAS
THIRD DISTRICT OF TEXAS, AUSTIN
11/18/2015 10:08:28 AM
JEFFREY D. KYLE
Clerk
GRACY WOODS I NURSING HOME
Appellant,
v.
MARTHA MAHAN, AS REPRESENTATIVE
OF THE ESTATE OF MARY RIVERA
Appellee.
ON INTERLOCUTORY APPEAL FROM
THE 250TH JUDICIAL DISTRICT, TRAVIS COUNTY, TEXAS
APPELLEE’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE
APPELLEE BRIEF
JACK MODESETT
STATE BAR NO. 14244337
WALTER V. WILLIAMS
STATE BAR NO. 21584800
MODESETT WILLIAMS, PLLC
515 CONGRESS AVENUE, SUITE 1650
AUSTIN, TEXAS 78701
(512) 472-6097 TELEPHONE
(512) 481-0130 FACSIMILE
ATTORNEYS FOR APPELLEE
Appellee’s Unopposed Motion for
Extension of Time To File Appellee Brief Page 1
TO THE HONORABLE COURT OF APPEALS:
1. In accordance with TEX. R. APP. P. 10.5(b)(1) Appellee Martha Mahan, as
Representative of the Estate of Mary Rivera brings this unopposed request for an extension of time
to file Appellee’s Brief.
2. This motion is Appellee’s first request for extension of time to file its Brief.
3. Appellee’s deadline to file its brief is currently November 30, 2015.
4. Appellee seeks a 14 day extension. If granted, Appellee’s deadline to file its Brief
would be December 14, 2015.
5. Appellee requests the extension due to appellee counsel’s commitments in other
matters, which will affect counsel’s ability to devote a sufficient amount of time to file Appellee’s
Brief.
6. Counsel for Appellant does not object to Appellee’s request for a 14 day extension
of time to file Appellee’s Brief.
7. Appellee does not seek this extension of time for the sole purpose of delay but so
that justice may be done.
Appellee’s Unopposed Motion for
Extension of Time To File Appellee Brief Page 2
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellee Martha Mahan, as Representative
of the Estate of Mary Rivera, respectfully requests that this Court grant an additional fourteen days
from November 30, 2015 to December 14, 2015 for Appellee to file its Brief.
Respectfully Submitted,
MODESETT WILLIAMS, PLLC
2202 Lake Austin Boulevard
Austin, Texas 78703
512.472.6097 Telephone
512.481.0130 – Telecopier
By:
Walter V. Williams
Texas Bar No. 21584800
Jack H. Modesett, III
Texas Bar No. 14244337
Attorneys for Plaintiffs
CERTIFICATE OF CONFERENCE
Counsel for Appellee conference with counsel for Appellee concerning this request for a
14 day extension via email on November 12, 2015. Counsel for Appellee does not oppose the
request.
Walter V. Williams
Appellee’s Unopposed Motion for
Extension of Time To File Appellee Brief Page 3
CERTIFICATE OF SERVICE
Pursuant to rule 9.5 of the Texas Rules of Appellate Procedure, I hereby certify that a true
and correct copy of the foregoing instrument has been filed electronically and delivered
electronically and via facsimile to the following counsel of record on this 18th day of November,
2015:
Emily Davenport (612) 660-5979
Reed, Claymon, Meeker & Hargett, PLLC
5608 Parkcrest Drive, Suite 200
Austin, Texas 78731
edavenport@rcmhlaw.com
Walter V. Williams
Appellee’s Unopposed Motion for
Extension of Time To File Appellee Brief Page 4