Gracy Woods I Nursing Home v. Martha Mahan, as the Representative of the Estate of Mary Rivera

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ACCEPTED 03-15-00596-CV 7595203 THIRD COURT OF APPEALS AUSTIN, TEXAS 10/29/2015 11:12:09 AM JEFFREY D. KYLE CLERK NO. 03-15-00596-CV ________________________________________________________________ FILED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS THIRD DISTRICT OF TEXAS, AUSTIN 10/29/2015 11:12:09 AM ________________________________________________________________ JEFFREY D. KYLE Clerk GRACY WOODS I NURSING HOME, Appellant, v. MARTHA MAHAN, AS THE REPRESENTATIVE OF THE ESTATE OF MARY RIVERA, Appellee. ________________________________________________________________ ON INTERLOCUTORY APPEAL FROM THE 250THJUDICIAL DISTRICT, TRAVIS COUNTY, TEXAS TRIAL COURT CAUSE NO. D-1-GN-14-005169 ________________________________________________________________ APPELLANT’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF ________________________________________________________________ TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS: COMES NOW Appellant Gracy Woods I Nursing Home and presents this Unopposed Motion for Extension of Time to File Appellant’s Brief. 1. In accordance with TEX. R. APP. P. 10.5(b)(1) Appellant Gracy Woods I Nursing Home brings this unopposed request for an extension of time to file Appellant’s Brief. 2. This motion is Appellant’s first request for an extension of time to file its Brief. 3. Appellant’s deadline to file its brief is currently November 5, 2015. 4. Appellant seeks a 5-day extension. If granted, Appellant’s deadline to file its Brief would be November 10, 2015. 5. Appellant requests the extension due to appellate counsel’s commitments in other matters, which will affect counsel’s ability to devote a sufficient amount of time to Appellant’s Brief. 6. Counsel for Appellee does not object to Appellant’s request for a 5- day extension of time to file Appellant’s Brief. 9. Appellant does not seek this extension of time for the sole purpose of delay but so that justice may be done. PRAYER WHEREFORE, PREMISES CONSIDERED, Appellant Gracy Woods I Nursing Home respectfully requests that this Court grant an 2 additional five days from November 5, 2015 until November 10, 2015 for Appellant to file its Brief. Respectfully submitted, REED, CLAYMON, MEEKER & HARGETT, PLLC By: /s/ Emily J. Davenport Emily J. Davenport State Bar No. 24012501 Janice M. Byington State Bar No. 24006938 5608 Parkcrest Dr, Suite 200 Austin, Texas 78731 (512) 660-5960 (512) 660-5979 (facsimile) edavenport@rcmhlaw.com jbyington@rcmhlaw.com ATTORNEYS FOR APPELLANT GRACY WOODS I NURSING HOME 3 CERTIFICATE OF CONFERENCE Counsel for Appellant conferred with counsel for Appellee concerning this request for a 5-day extension via e-mail on October 28, 2015. Counsel for Appellee does not oppose the request. /s/ Emily J. Davenport Emily J. Davenport 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 via electronically and via facsimile to the following counsel of record on this 29th day of October, 2015: Jack Modesett III Walter V. Williams ModesettWilliams, PLLC 515 Congress Ave., Suite 1650 Austin, TX 78701 jack@jmodesettlaw.com /s/ Emily J. Davenport Emily J. Davenport 4