ACCEPTED
04-14-00358-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
3/1/2015 10:01:03 PM
KEITH HOTTLE
CLERK
NO. 04-14-00358-CV
___________________________________________________________________
FILED IN
IN THE FOURTH COURT OF APPEALS4th COURT OF APPEALS
SAN ANTONIO, TEXAS
SAN ANTONIO, TEXAS
03/1/2015 10:01:03 PM
KEITH E. HOTTLE
___________________________________________________________________
Clerk
JUANITA SPRUTE, M.D. and JEFFERSON FAMILY PRACTICE ASSOCIATES,
Appellants and Cross-Appellees
v.
ARNOLD L. LEVEY,
Appellee and Cross-Appellant
___________________________________________________________________
APPELLANTS AND CROSS-APPELLEES’ SECOND
MOTION FOR EXTENSION OF TIME TO FILE BRIEFS
___________________________________________________________________
TO THE HONORABLE JUSTICES OF THE FOURTH COURT OF APPEALS:
NOW COME JUANITA SPRUTE, M.D. (“DR. SPRUTE”) and JEFFERSON
FAMILY PRACTICE ASSOCIATES (“JFPA”), Appellants and Cross-Appellees
(hereinafter also referred to as “Appellants”), and file this their Second Motion for
Extension of Time to File Briefs to Appellee and Cross-Appellant’s (hereinafter also
referred to as “Appellee”) brief pursuant to Texas Rules of Appellate Procedure 10.1
and 38.6(d). In support thereof Appellants would unto show the honorable Fourth
Court of Appeals as follows:
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I.
BACKGROUND
On August 12, 2014, Appellants, DR. SPRUTE and JFPA filed their
appellant’s brief in support of the issues they raise on appeal before this Court of
Appeals. Following four (4) extensions Appellee, ARNOLD L. LEVEY on January
12, 2015 filed his initial brief. The foregoing responded to DR. SPRUTE and JFPA’s
appellant’s brief and addressed the issues Mr. Levey raises on appeal. Based on
the foregoing, DR. SPRUTE and JFPA’s reply brief with respect to MR. LEVEY’s
appellee brief was initially due on February 2, 2015. Additionally, DR. SPRUTE and
JFPA’s cross-appellee’s brief was initially due on February 11, 2015. Subsequently,
on February 2, 2015 an extension was granted for each respective deadline.
Presently, Appellants’ reply brief is due on March 3, 2015 and their Cross-Appellee
brief is due on March 13, 2015.
II.
APPLICABLE DEADLINES & REQUEST FOR EXTENSION
Appellants, DR. SPRUTE and JFPA request a thirty (30) day extension of time
to file their reply brief and cross-appellee brief. This would make DR. SPRUTE and
JFPA’s reply brief due on April 2, 2015, and their cross-appellee brief due on April
12, 2015.
In support of the extensions requested, counsel for Appellants, DR. SPRUTE
and JFPA, relies on the following reasons in addition to the routine matters that he
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must attend to in his normal daily practice:
1. Appellants’ counsel is presently trying a complicated medical
malpractice case with multiple out-of-town expert witnesses.
Additionally, trial in this matter is projected to last until the end of this
week, and will consume significant amounts of counsel’s time through
March 6, 2015.
2. In addition to the above, Appellants’ counsel has continued to
experience an influx of legal matters assigned to him including matters
pending before the Texas Medical Board, which must be addressed this
week. The combination of these matters will require substantial time
and effort by Appellants’ counsel to address.
3. Pursuant to Texas Rule of Appellate Procedure 10.1(a)(5) Appellants’
counsel has previously attempted to confer with opposing counsel in
order to determine if an agreement could be reached with regard to the
extension of time sought herein. However, opposing counsel could not
be reached by telephone. Accordingly, Appellants’ counsel cannot
represent that this motion is unopposed.
4. The motion is not made for the purpose of delay only, but is made in
the interest of justice.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellants and Cross-Appellees,
JUANITA SPRUTE, M.D. and JEFFERSON FAMILY PRACTICE ASSOCIATES
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respectfully pray this Honorable Court of Appeals grant their Second Motion for
Extension of Time to File a reply brief and cross-appellee brief as requested in the
same, and for such other and further relief, at law or in equity, to which they might
show themselves justly entitled.
Respectfully submitted,
BOONE, ROCHELEAU & RODRIGUEZ, P.L.L.C.
10101 Reunion Place, Suite 600
San Antonio, Texas 78216
Telephone: (210) 477-7438
Fax: (210) 477-7388
/s/ Alexander Rodriguez III
___________________________________
LISA A. ROCHELEAU
State Bar No. 00791546
lrocheleau@br-lawfirm.com
ALEXANDER RODRIGUEZ III
State Bar No. 24030001
arodriguez@br-lawfirm.com
ATTORNEYS FOR APPELLANTS AND
CROSS-APPELLEES
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CERTIFICATE OF SERVICE
I hereby certify that on this 1st day of March, 2015 I have caused a true and
correct copy of the foregoing instrument to be delivered to the following:
Arnold L. Levey
Law Offices of Arnold L. Levey
P.O. Box 460064
San Antonio, Texas 78246
Appellee and Cross-Appellant/
Attorney for Appellee and Cross-Appellant
/s/ Alexander Rodriguez III
___________________________________
ALEXANDER RODRIGUEZ III
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