Bexar County Civil Service Commission v. Carmella Guerrero

Opinion

ACCEPTED 04-15-00341-cv FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 11/3/2015 10:22:28 PM KEITH HOTTLE CLERK

NO. 04-15-00341-CV

IN THE COURT OF APPEALS FILED IN 4th COURT OF APPEALS FOURTH JUDICIAL DISTRICT SAN ANTONIO, TEXAS SAN ANTONIO, TEXAS 11/3/2015 10:22:28 PM ______________________________________________________ KEITH E. HOTTLE Clerk BEXAR COUNTY CIVIL SERVICE COMMISSION

Appellants

vs.

CARMELLA GUERRERO

Appellee ___________________________________________________

APPELLEE’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF

TO THE HONORABLE COURT OF APPEALS:

Comes now Appellee, Carmella Guerrero and pursuant to Tex. R. App. P.

38.6(a) and (d), 10.5(b) and moves this Court to modify the filing time for Appellee’s

Brief by extending the time within which such brief may be filed and in support thereof

would show the following:

I.

This is an appeal from a case styled Carmella Guerrero v. Bexar County Civil

Service Commission, Cause No. 2012-CI-08758, filed in the 225th Judicial District Court

of Bexar County, Texas.

1 II.

Appellant, Bexar County Civil Service Commission, filed a Notice of Appeal on

May 29, 2015. This Court granted several unopposed motions for extension of time for

Appellant to file its brief. Appellant filed its brief on October 5, 2015. Based on the

filing of Appellant’s Brief, Appellee’s Brief in this appeal is due on November 4, 2015.

III.

This cause has not been set for submission. This is Appellee’s first motion for

extension of time to file its brief. No unreasonable delay will result by the granting of

this Motion. Appellee requests an extension of time of thirty (30) days within which to

file his brief. If granted, Appellee’s brief will be due on December 4, 2015.

IV.

This extension of time is necessary because of the heavy trial and appellate

workload of Appellee’s attorney of record, Robert W. Clore. The facts relied on by

Appellee to reasonably explain its need for an extension of time within which to file her

brief are as follows:

1. In addition to the specific matters set forth below, Counsel for Appellee has

multiple additional commitments which interfere with counsel’s ability to timely file

Appellee’s brief;

2. Counsel for Appellee is working on a summary judgment reply on behalf of

Alegis Revenue Group, LLC in Multi-District Litigation styled In re Fraudulent Hospital

Lien Litigation pending in the 430th Judicial District Court, Hidalgo County, Texas.

2 3. Counsel for Appellee is working on an appeal in Jerry Haywood, Lillie

Piper, Geneva McMarion, Hulisher Haywood, James Haywood, Dorothy Haywood-

Dockery, Individually and as Representatives of the Estate of Margaret Haywood,

Deceased v. Regency Nursing Center Partners of Bastrop, Ltd. d/b/a Bastrop Lost Pines

Nursing and Rehabilitation Center on behalf of Regency Nursing Center Partners of

Bastrop, Ltd. d/b/a Bastrop Lost Pines Nursing and Rehabilitation Center in Case

Number 03-15-00653-CV before the 3rd Court of Appeals.

4. Counsel for Appellee is working on a presentation for the Corpus Christi

Bar Association on the Texas Supreme Court Update for November 6, 2015 at the

Solomon Ortiz Center.

V.

For the above and foregoing reasons, Appellee respectfully requests an extension

of time of thirty (30) days or until December 4, 2015 within which to file her brief. This

Motion is not sought for the purposes of delay but rather, so that justice may be done.

VI.

The undersigned communicated with Clarkson F. Brown, Attorney for Appellant

Bexar County Civil Service Commission, and he indicated Appellant does not oppose this

Motion.

WHEREFORE, premises considered, Appellee, Carmella Guerrero, prays that

this Court modify the filing time for Appellee’s brief by granting an extension of time of

thirty (30) days or until December 4, 2015, within which to file her brief. Appellee prays

3 for such other and further relief both in law and in equity to which she may be justly

entitled to receive.

Respectfully submitted,

/s/ Robert W. Clore_______ Robert W. Clore State Bar No. 24012436 15481 South Padre Island Drive Suite 101 Corpus Christi, Texas 78418 Telephone: (361) 558-3527 Facsimile: (361) 949-0908 rclore@robclorelaw.com

Orlando Lopez Lopez Scott, L.L.C. State Bar No. 2401096 3703 N. St. Mary’s Street, Suite 200 San Antonio, Texas 78212 Telephone: (210) 472-2100 Telecopier: (210) 472-2101 olopez@lopezscott.com

ATTORNEYS FOR APPELLEE, CARMELLA GUERRERO

4 CERTIFICATE OF CONFERENCE

I, Robert W. Clore, certify that I communicated with Clarkson F. Brown, Attorney

for Appellant, Bexar County Civil Service Commission, and he indicated that Appellant does

not oppose this Motion.

/s/ Robert W. Clore_______ ROBERT W. CLORE

CERTIFICATE OF SERVICE

This is to certify that the above and foregoing instrument has been forwarded to counsel as indicated below on this the 3rd day of November, 2015.

Clarkson F. Brown, Attorney for the Bexar County Civil Service Commission, cbrown@bexar.org.

VIA E-FILING

/s/ Robert W. Clore_______ Robert W. Clore