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

Opinion

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