Debra C. Gunn, MD, Obstetrical and Gynecological Associates, P.A. and Obstetrical and Gynecological Associates, PLLC v. Andre McCoy, as Permanent Guardian of Shannon Miles McCoy, an Incapacitated Person

ACCEPTED
14-14-00112-CV
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
1/23/2015 7:28:48 PM
CHRISTOPHER PRINE
CLERK

NO. 14-14-00112-CV
__________________________________________________________
FILED IN
14th COURT OF APPEALS
IN THE COURT OF APPEALS FOR THE FOURTEENTH DISTRICT OF TEXAS
HOUSTON, TEXAS
__________________________________________________________
1/23/2015 7:28:48 PM
CHRISTOPHER A. PRINE
Clerk, P.A.;
DEBRA C. GUNN, M.D.; OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES
AND OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES P.L.L.C.,
Appellants,

v.

ANDRE MCCOY, AS PERMANENT GUARDIAN
OF SHANNON MILES MCCOY, AN INCAPACITATED PERSON,
Appellee.
__________________________________________________

On Appeal from Cause No. 352,923-401
In the Second Probate Court of Harris County, Texas
__________________________________________________

UNOPPOSED MOTION TO INCREASE WORD-COUNT
LIMIT FOR REPLY BRIEF
__________________________________________________

TO THE HONORABLE COURT OF APPEALS:

Appellant Debra Gunn, M.D., respectfully files this unopposed motion to

increase by 1,958 words the word count for Dr. Gunn’s Reply Brief. In support of

this request, Dr. Gunn would show the Court as follows:

1. McCoy has filed briefs totaling 37,995 words in this case. On

September 8, 2014, McCoy filed a Response to OGA’s opening brief containing

18,962 words. On December 4, 2014, McCoy filed a Response to Dr. Gunn’s

opening brief containing 19,033 words.
 2. McCoy has not requested, and has not been granted, an extension to

the usual 15,000-limit for either response brief. Nor has McCoy requested or

received an extension of the usual 27,000-word count applicable to a party’s

aggregate appellate briefing.

3. Dr. Gunn’s reply brief must take into consideration McCoy’s nearly

38,000 words of briefing, as well as OGA’s response brief on the issue of

indemnity.

4. Under Texas Rule of Appellate Procedure 9.4, Dr. Gunn is allocated

7,500 words to use in her Reply brief. By this motion, Dr. Gunn asks the Court to

increase her word count by 1,958 words.

5. This motion is unopposed.

6. Dr. Gunn has endeavored to provide the Court with a succinct reply

that will assist the Court in understanding the issues presented in this case and

arrive at a just result. However, due to the numerous issues raised by this appeal

and McCoy’s voluminous briefing, Dr. Gunn was unable to draft a reply with

fewer than 7,500 words. Dr. Gunn therefore requests an extension for good cause.

See TEX. R. APP. P. 9.4(i)(4).

7. Dr. Gunn is not filing this motion for the purpose of imposing any

burden, but rather to enable Dr. Gunn to file a reply that will assist the Court in

resolving this matter.

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 PRAYER

For the forgoing reasons, Dr. Gunn respectfully asks the Court to grant this

Motion and to allow additional words to Dr. Gunn’s reply brief in order to comport

with Texas Rules of Appellate Procedure 9.4(i)(2)(B) and (C). Dr. Gunn also

requests all such other relief to which she is entitled.

Respectfully submitted,

BEIRNE, MAYNARD & PARSONS, L.L.P.

/s/ Jeffery T. Nobles
Jeffery T. Nobles
State Bar No. 15053050
jnobles@bmpllp.com
Nicholas D. Stepp
State Bar No. 24077701
nstepp@bmpllp.com
1300 Post Oak Boulevard, Suite 2500
Houston, Texas 77056
Telephone: (713) 623-0887
Facsimile: (713) 960-1527

HARRIS HILBURN L.L.P.

Barbara A. Hilburn
State Bar No. 09618950
bhilburn@hhstxlaw.com
1111 Rosalie Street
Houston, Texas 77004
Telephone: (713) 223-3936
Facsimile: (713) 224-5358

Attorneys for Appellant Debra C. Gunn, M.D.

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 CERTIFICATE OF CONFERENCE

I hereby certify that I conferred with opposing counsel to ask if they are
opposed or unopposed to the relief requested in this motion and that they are
unopposed.

/s/ Jeffery T. Nobles
Jeffery T. Nobles

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing has been sent
via e-filing or facsimile to the following parties on January 23, 2015:

THE KLEIN LAW FIRM HUND, KRIER, WILKERSON &
Alexander B. Klein, III WRIGHT, P.C.
Email: Jim Hund
Alex@thekleinlawfirm.com Email: Jhund@hkwwlaw.com
2000 The Lyric Centre Linda Russell
4400 Louisiana St. Email: Lrussell@hkwwlaw.com
Houston, Texas 77002 P.O. Box 54390
Telephone: (713) 650-1111 Lubbock, Texas 79453-4390
Facsimile: (713) 227-1121 Telephone: (806) 783-8700
Facsimile: (806) 783-8710
THE TROMBLEY LAW FIRM,
P.L.L.C.
J. Todd Trombley
Email: Todd@trombleylaw.com
442 Heights Boulevard
Houston, Texas 77007
Telephone: (713)869-1240
Facsimile: (713)869-1465

/s/ Nicholas D. Stepp
Nicholas D. Stepp

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