1100 Reba McEntire, LLC, Tophill, LLC and Forest Bend, LLC, Lake Point Assisted Living, LLC, Lake Point Healthcare Holdings, LLC, Lake Point Healthcare, LP v. American Bank, N.A.

• Court: Court of Appeals of Texas
• Decided: April 18, 2025
• Docket: 15-25-00046-CV
• Status: Published

Opinion

ACCEPTED 15-25-00046-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 4/18/2025 12:21 PM No. 15-25-00046-CV CHRISTOPHER A. PRINE CLERK FILED IN 15th COURT OF APPEALS AUSTIN, TEXAS IN THE COURT OF APPEALS 4/18/2025 12:21:04 PM FOR THE FIFTEENTH DISTRICT OFTEXAS CHRISTOPHER A. PRINE AT AUSTIN, TEXAS Clerk

1100 REBA MCENTIRE, LLC, TOPHILL, LLC, FOREST BEND, LLC, LAKE POINT ASSISTED LIVING, LLC, LAKE POINT HEALTHCARE HOLDINGS, LLC, LAKE POINT HEALTHCARE, LP, LUCKY CONSULTING, LLC, RETIREMENT HOLDINGS, LP, SILVERLEAF ASSISTED LIVING, LLC, and DANIEL C. BLACKBURN Appellants

v.

AMERICAN BANK, N.A. Appellee

On Appeal from the 95th District Court, Dallas County, Texas Cause No. DC-24-12269

APPELLANTS’ UNOPPOSED MOTION FOR EXTENSION TO FILE APPELLANTS’ BRIEF

To the Honorable Court of Appeals:

Appellants 1100 REBA MCENTIRE, LLC, TOPHILL, LLC, FOREST BEND,

APPELLANT’S MOTION FOR EXTENSION OF TIME Page 1 of 4 LLC, LAKE POINT ASSISTED LIVING, LLC, LAKE POINT HEALTHCARE

HOLDINGS, LLC, LAKE POINT HEALTHCARE, LP, LUCKY CONSULTING, LLC,

RETIREMENT HOLDINGS, LP, SILVERLEAF ASSISTED LIVING, LLC, and

DANIEL C. BLACKBURN, file this Unopposed Motion for Extension, asking for an

extension of 31 days, to May 19, 2025, to file their Appellants Brief.

Appellant would respectfully show this Court the following:

BACKGROUND

Appellants filed their notice of appeal on March 5, 2025. The Clerk’s

Record was filed on March 19, 2925, and no reporter’s record was filed as this

is an appeal of a Summary Judgment Motion. Appellant’s Brief is currently due

on April 18, 2025. Appellant now asks for a thirty-one-day extension, or until

Monday May 19, 2025, to file their brief.

REQUESTED EXTENSION

This is Appellant’s first request for an extension of time for this filing. The

undersigned counsel is responsible for preparing Appellants’ Brief and requires

additional time to complete the review of the appellate record and to prepare the

brief. Additionally, this extension is necessary due to other issues and events as

follows:

Appellants’ attorney, Robert W. Buchholz, who is a solo practitioner had a

medical emergency on March 10, 2025, which resulted in an emergency surgery

APPELLANT’S MOTION FOR EXTENSION OF TIME Page 2 of 4 on the same day. That resulted in a second much more extensive surgery on March

11, 2025. Although Mr. Buchholz returned to his office on March 24th, he was

unable to return to a full schedule until March 31st.

This medical issue resulted in two emergency continuances being granted

in two jury trials and numerous other extensions of discovery matters that became

due during this period of time.

Because of these and other day-to-day client matters and catching up on

matters that fell behind, Appellants require additional time to prepare Appellants’

Brief.

This request is not sought for purposes of delay, but so that Appellants’

brief and the issues to be addressed therein may be clearly and concisely presented

to this Court and so that justice may be served.

CERTIFICATE OF CONFERENCE

Counsel sent an email to Appellee’s counsel regarding this Motion. He

responded that he was unopposed to a continuance until May 19, 2025.

PRAYER

For these reasons, Appellants respectfully request that this Court grant

this motion, permitting Appellant to extend the time to file their Brief by 31 days,

making the brief due on Monday May 19, 2025, and for such other and further

relief to which she may be justly or equitably entitled.

APPELLANT’S MOTION FOR EXTENSION OF TIME Page 3 of 4 Respectfully submitted,

Robert W. Buchholz State Bar No. 03290600 bob@attorneybob.com THE LAW OFFICE OF ROBERT W. BUCHHOLZ, PC 5220 Spring Valley Road, Suite 618 Dallas, Texas 75254 Phone: 214-754-5500 Fax: 214-754-9100

Counsel for Appellants

CERTIFICATE OF SERVICE

By my signature below, I hereby certify that a true copy of the above and foregoing was served on all attorneys of record via electronic service on this 18th day of April 2025.

/s/ Robert W. Buchholz Robert W. Buchholz

APPELLANT’S MOTION FOR EXTENSION OF TIME Page 4 of 4 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Robert Buchholz on behalf of Robert Buchholz Bar No. 03290600 bob@attorneybob.com Envelope ID: 99840081 Filing Code Description: Motion Filing Description: Appellants Unopposed Motion for Extension to File Appellants Brief Status as of 4/18/2025 1:07 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Robert WBuchholz bob@attorneybob.com 4/18/2025 12:21:04 PM SENT

Law Office of Robert W. Buchholz, PC john@attorneybob.com 4/18/2025 12:21:04 PM SENT

Todd Hoodenpyle 798265 hoodenpyle@singerlevick.com 4/18/2025 12:21:04 PM SENT

Teresa Guillory tguillory@singerlevick.com 4/18/2025 12:21:04 PM SENT