Alinea Family Hospice Care LLC D/B/A Alinea Family Hospice Care, Donna Junkersfeld and Karla Gamble v. Peggy Goldsmith, Individually and on Behalf of the Estate of Ruth N. Massey

ACCEPTED
12-15-00061-CV
TWELFTH COURT OF APPEALS
TYLER, TEXAS
5/27/2015 3:12:41 PM
CATHY LUSK
CLERK

No. 12-15-00061-CV

FILED IN
IN THE COURT OF APPEALS 12th COURT OF APPEALS
TYLER, TEXAS
FOR THE TWELFTH DISTRICT OF TEXAS 5/27/2015 3:12:41 PM
IN TYLER, TEXAS CATHY S. LUSK
Clerk

ALINEA FAMILY HOSPICE CARE LLC D/B/A ALINEA FAMILY HOSPICE CARE,
DONNA JUNKERSFELD, R.N., AND KARLA GAMBLE, LVN,

Appellants,

v.

PEGGY GOLDSMITH, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF RUTH N.
MASSEY,

Appellee.

On Appeal from the 294th District Court
Van Zandt County, Texas, Cause No. 13-00276

MOTION FOR LEAVE TO FOR AN EXTENSION OF TIME
TO FILE APPELLEE’S BRIEF

TO THE HONORABLE COURT OF APPEALS:

Pursuant to the correspondence from the Court dated, May 11, 2015,

Appellee Peggy Goldsmith files this Motion for Leave for the Court to accept the

Appellee’s Brief filed on May 11, 2015. In support of this request, Appellee

would respectfully show the Court the following:

1. Appelle’s Brief was due on Friday, May 8, 2015. Appellee submitted

Appellee’s Brief on May 8, 2015. See Exhibit “A,” attached hereto.

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 2. The Court returned the filing on Monday, May 11, 2015 becuase the

brief did not contain the proper Word Count Certificate of Compliance.

3. Appelle corrected the defect and resubmitted the brief on May 11,

2015 and the Court accepted the filing.

WHEREFORE, Appellee Peggy Goldsmith respectfully prays that the

Court grant this Motion for Leave and accept the Appelle’s Brief filed as of May

11, 2015.

Respectfully submitted,

/s/ Meredith Mathews
Patrick W. Powers
State Bar No. 24013351
patrick@powerstaylor.com
Meredith Mathews
State Bar No. 24055180
meredith@powerstaylor.com

POWERS TAYLOR LLP
8150 North Central Expressway
Suite 1575
Dallas, Texas 75206
Phone: 214.239.8900
Fax: 214.239.8901

Attorneys for Appellee Peggy Goldsmith

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 CERTIFICATE OF CONFERENCE

On May 27, counsel for Appellee confered with Jason D. Mazingo, counsel
for Appellants, regarding this motion. Mr. Mazingo stated that his clients
oppose the requested extension of time to file the Appellee’s Brief.

/s/ Meredith Mathews
Meredith Mathews

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the
foregoing document has been served upon the following counsel of record, on
this the 27th day of May 2015, as follows:

VIA ELECTRONIC FILING SERVICE
Jason D. Mazingo
305 South Broadway Ave., Ste. 404
Tyler, Texas 75702

/s/ Meredith Mathews
Meredith Mathews

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