ARC Parklane, Inc. v. Arvel Seals, Jr.

Opinion

ACCEPTED 04-14-00472-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 8/12/2015 2:36:33 PM KEITH HOTTLE CLERK

NO. 04-14-00472-CV

FILED IN 4th COURT OF APPEALS IN THE SAN ANTONIO, TEXAS FOURTH COURT OF APPEALS 08/12/2015 2:36:33 PM AT SAN ANTONIO, TEXAS KEITH E. HOTTLE Clerk

ARC PARKLANE, INC., D/B/A PARKLANE WEST HEALTHCARE CENTER, Appellant

v.

ARVEL SEALS, JR. AS REPRESENTATIVE OF THE ESTATE OF DORA SYLVIA LEHRMAN, DECEASED, Appellees

FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF

R. Barry Brin State Bar No. 00792371 bbrin@brinandbrin.com Lorien Whyte State Bar No. 24042440 lwhyte@brinandbrin.com Brin & Brin, P.C. 6223 IH 10 West San Antonio, Texas 78201 (210) 341-9711 telephone (210) 341-1854 facsimile

ATTORNEYS FOR APPELLANT ARC PARKLANE, INC., D/B/A PARKLANE WEST HEALTHCARE CENTER 1 TO THE HONORABLE FOURTH COURT OF APPEALS:

Appellant Arc Parklane, Inc. D/B/A Parklane West Healthcare Center files

this first unopposed motion asking for a 30-day extension of time in which to file

their Appellant’s Brief. This suit is before this Court on appeal from the following

trial court order:

Order: Defendant’s Motions to Compel Arbitration (signed by the trial court on June 13, 2014 in Cause Number 2013-CI-17605).

Appellant’s brief is currently due to be filed on Wednesday, August 12,

2015. Appellant respectfully requests a 30-day extension of time to file its brief,

extending the deadline to Friday, September 11, 2015. This is appellant’s first

request for an extension of time to file its brief. This request is unopposed.

Good cause exists for this request. The parties have agreed to mediate the

underlying dispute and are presently diligently working to set a date for mediation.

A 30-day extension should provide the parties the time necessary to set a

mediation date and subsequently file a motion with this Court seeking an

abatement of the appeal pending mediation.

This extension is not sought for the purposes of delaying this appeal, but so

that justice may be done. Appellant Parklane respectfully prays the Court grant

this first unopposed motion for extension of time to file its brief until Friday,

September 11, 2015.

2 Respectfully submitted,

R. Barry Brin State Bar No. 00792371 bbrin@brinandbrin.com Lorien Whyte State Bar No. 24042440 lwhyte@brinandbrin.com Brin & Brin, P.C. 6223 IH 10 West San Antonio, Texas 78201 (210) 341-9711 telephone (210) 341-1854 facsimile

BY: /s/ Lorien Whyte Lorien Whyte

CERTIFICATE OF CONFERENCE

I certify that I have conferred with Gavin McInnis and he responded that he is unopposed to this First Unopposed Motion for Extension of Time to File Appellant’s Brief.

/s/ Lorien Whyte

3 CERTIFICATE OF SERVICE

This is to certify that on the 12th day of August 2015 a copy of the First Unopposed Motion for Extension of Time to File Appellant’s Brief was served pursuant to the Texas Rule of Appellate Procedure 9.5 upon the following counsel:

Marynell Maloney Gavin McInnis Marynell Maloney Law Firm, P.L.L.C. 115 East Travis Street, Suite 1800 San Antonio, Texas 78205 (210) 212-8000 Phone (210) 212-8385 Fax