Francisco Chamul v. Amerisure Mutual Ins. Co.

Opinion

ACCEPTED

01-14-00508-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

3/12/2015 4:01:07 PM

CHRISTOPHER PRINE

CLERK

No. 01-14-00508-CV

IN THE

1st Court of Appeals FILED IN 1st COURT OF APPEALS

HOUSTON, TEXAS

Houston,Texas 3/12/2015 4:01:07 PM ______________________ CHRISTOPHER A. PRINE Clerk

FRANCISCO CHAMUL,

Appellant,

v.

AMERISURE MUTUAL INSURANCE CO., Appellee.

______________________

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

TO THE HONORABLE FIRST COURT OF APPEALS: COMES NOW, Amerisure Mutual Insurance Co., Appellee, (“Amerisure”)

and files this Unopposed Motion for Extension of Time to File its Brief and in support thereof respectfully shows the following:.

A. Introduction

1. This is an appeal from a final judgment rendered in the trial court.

This is Amerisure’s first Motion for Extension of Time to file its Brief. 2. Appellant filed his Brief on February 13, 2015. Amerisure’s Brief is presently due to be filed on or before March 16, 2015.

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3. This Motion seeks an extension of time of thirty (30) days, up to and including April 14, 2015 to file its Brief on the Merits.

B. Bases for Extension

5. Amerisure requests this extension not for purpose of delay, but so that justice may be done. Counsel for Amerisure is set for oral argument before the Texas Supreme Court on March 26, 2015 in Cause No. 14-0272, SeaBright Insurance Company v. Lopez. Counsel requires time to prepare for oral argument. Additionally, Counsel for Amerisure has the following hearing scheduled:  A pre-hearing for a medical contested case hearing on March 10, 2015 in Texas Department of Insurance, Division of Workers’ Compensation Docket No. 45-11235837-03-CC-DA47 in Dallas, Texas.  A contested case hearing on March 12, 2015 in Texas Department of Insurance, Division of Workers’ Compensation Docket No. 14177989-02- CC-HE-48 in Houston, Texas.  A hearing on March 12, 2015 in Cause No. 2011-CCV-61218-2 in County Court at Law No. 2 in Nueces County, Texas.  A benefit review conference on March 16, 2015 in Texas Department of Insurance, Division of Workers’ Compensation Docket No. 14157013-01- BR in Austin, Texas.

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C. Prayer

Amerisure respectfully requests the Court grant this Motion and for all other relief to which it may be entitled.

Respectfully submitted,

By: /s/ Joy M. Brennan

SMITH & CARR, P.C.

Dana M. Gannon

State Bar No. 07623800

dgannon@smithcarr.com

Joy M. Brennan

State Bar No. 24040569

jbrennan@smithcarr.com

9235 Katy Freeway, Suite

Houston, Texas 77024

Telephone: (713) 933-6700 Facsimile: (713) 933-6799 ATTORNEYS FOR APPELLEE,

AMERISURE MUTUAL INSURANCE CO.

CERTIFICATE OF CONFERENCE

I certify that Appellee conferred with counsel for the Appellant on March 6, 2015 and Appellant is unopposed to this motion.

/s/ Joy M. Brennan

Joy M. Brennan

CERTIFICATE OF COMPLIANCE

I certify that as counsel for Appellee that the number of words in this document is 497 as calculated by Microsoft Word.

/s/ Joy M. Brennan

Joy M. Brennan

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CERTIFICATE OF SERVICE

A true and correct copy of this Motion has been forwarded via E-Service to all counsel of record on March 12, 2015, as follows:

Brad McClellan Law Offices of Richard Pena, P.C. 1701 Directors Blvd., Suite 110 Austin, Texas 78744 Via E-Service

Larry Trimble Trimble & Grantham 902 Heights Blvd. Houston, Texas 77008 Via E-Service

/s/ Joy M. Brennan

Joy M. Brennan