Gracy Woods I Nursing Home v. Martha Mahan, as the Representative of the Estate of Mary Rivera

Opinion

ACCEPTED

03-15-00596-CV

7595203

THIRD COURT OF APPEALS

AUSTIN, TEXAS

10/29/2015 11:12:09 AM

JEFFREY D. KYLE

CLERK

NO. 03-15-00596-CV

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FILED IN

3rd COURT OF APPEALS

IN THE COURT OF APPEALS AUSTIN, TEXAS THIRD DISTRICT OF TEXAS, AUSTIN 10/29/2015 11:12:09 AM

________________________________________________________________

JEFFREY D. KYLE

Clerk

GRACY WOODS I NURSING HOME,

Appellant,

v.

MARTHA MAHAN, AS THE REPRESENTATIVE OF THE ESTATE OF MARY RIVERA,

Appellee.

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ON INTERLOCUTORY APPEAL FROM THE 250THJUDICIAL DISTRICT, TRAVIS COUNTY, TEXAS TRIAL COURT CAUSE NO. D-1-GN-14-005169

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

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TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:

COMES NOW Appellant Gracy Woods I Nursing Home and

presents this Unopposed Motion for Extension of Time to File

Appellant’s Brief.

1. In accordance with TEX. R. APP. P. 10.5(b)(1) Appellant Gracy

Woods I Nursing Home brings this unopposed request for an extension

of time to file Appellant’s Brief.

2. This motion is Appellant’s first request for an extension of time to

file its Brief.

3. Appellant’s deadline to file its brief is currently November 5, 2015.

4. Appellant seeks a 5-day extension. If granted, Appellant’s

deadline to file its Brief would be November 10, 2015.

5. Appellant requests the extension due to appellate counsel’s

commitments in other matters, which will affect counsel’s ability to

devote a sufficient amount of time to Appellant’s Brief.

6. Counsel for Appellee does not object to Appellant’s request for a 5-

day extension of time to file Appellant’s Brief.

9. Appellant does not seek this extension of time for the sole purpose

of delay but so that justice may be done.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellant Gracy

Woods I Nursing Home respectfully requests that this Court grant an

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additional five days from November 5, 2015 until November 10, 2015 for

Appellant to file its Brief.

Respectfully submitted,

REED, CLAYMON, MEEKER & HARGETT, PLLC

By: /s/ Emily J. Davenport Emily J. Davenport State Bar No. 24012501 Janice M. Byington State Bar No. 24006938 5608 Parkcrest Dr, Suite 200 Austin, Texas 78731 (512) 660-5960 (512) 660-5979 (facsimile) edavenport@rcmhlaw.com jbyington@rcmhlaw.com

ATTORNEYS FOR APPELLANT GRACY WOODS I NURSING HOME

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CERTIFICATE OF CONFERENCE

Counsel for Appellant conferred with counsel for Appellee concerning this request for a 5-day extension via e-mail on October 28, 2015. Counsel for Appellee does not oppose the request.

/s/ Emily J. Davenport Emily J. Davenport

CERTIFICATE OF SERVICE

Pursuant to rule 9.5 of the Texas Rules of Appellate Procedure, I hereby certify that a true and correct copy of the foregoing instrument has been filed electronically and delivered via electronically and via facsimile to the following counsel of record on this 29th day of October, 2015:

Jack Modesett III Walter V. Williams ModesettWilliams, PLLC 515 Congress Ave., Suite 1650 Austin, TX 78701 jack@jmodesettlaw.com

/s/ Emily J. Davenport Emily J. Davenport