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

Opinion

ACCEPTED

03-15-00596-CV

8218229

THIRD COURT OF APPEALS

AUSTIN, TEXAS

12/14/2015 11:10:10 AM

JEFFREY D. KYLE

CLERK

NO. 03-15-00596-CV

FILED IN

IN THE COURT OF APPEALS 3rd COURT OF APPEALS THIRD DISTRICT OF TEXAS, AUSTIN AUSTIN, TEXAS 12/14/2015 11:10:10 AM

JEFFREY D. KYLE

Clerk

GRACY WOODS I NURSING HOME

Appellant,

v.

MARTHA MAHAN, AS REPRESENTATIVE OF THE ESTATE OF MARY RIVERA

Appellee.

ON INTERLOCUTORY APPEAL FROM THE 250™ JUDICIAL DISTRICT, TRAVIS COUNTY, TEXAS

APPELLEE'S UNOPPOSED SECOND MOTION FOR EXTENSION OF TIME TO FILE APPELLEE BRIEF

JACI( MODESETT STATE BARN0.14244337 WALTER V. WILLIAMS STATE BAR NO. 21584800 MODESETT WILLIAMS, PLLC 515 CONGRESS AVENUE, SUITE 1650 AUSTIN, TEXAS 78701 (512) 472-6097 TELEPHONE (512) 481-0130 FACSIMILE

ATTORNEYS FOR APPELLEE

Appellee's Unopposed Motion for Extension of Time To File Appellee Brief Page 1

TO THE HONORABLE COURT OF APPEALS:

1. In accordance with TEX. R. APP. P. 10.5(b)(l) Appellee Martha Mahan, as

Representative of the Estate of Mary Rivera brings this unopposed request for an extension of time

to file Appellee's Brief.

2. This motion is Appellee's second request for extension of time to file its Brief.

3. Appellee's deadline to file its brief is cunently December 14,2015.

4. Appellee seeks a 7 day extension. If granted, Appellee's deadline to file its Brief

would be December 21, 2015.

5. Appellee requests the extension due to appellee counsel's commitments in other

matters, which will affect counsel's ability to devote a sufficient amount of time to file Appellee's

Brief.

6. Counsel for Appellant does not object to Appellee's request for a 7 day extension

of time to file Appellee's Brief.

7. Appellee does not seek this extension of time for the sole purpose of delay but so

that justice may be done.

Appellee's Unopposed Motion for Extension of Time To File Appellee Brief Page2

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellee Matiha Mahan, as Representative

of the Estate of Mary Rivera, respectfully requests that this Court grant an additional fourteen days

from December 14, 2015 to December 21, 2015 for Appellee to file its Brief.

Respectfully submitted,

MODESETTWILLIAMS, PLLC 515 Congress Avenue, Suite 1650 Austin, Texas 78701 512.472.6097- Telephone 512.481.0130- Telecopier i ack@jmodesettlaw.com _walter@1nodwill.com

By:

alter V. Williams exas Bar No. 21584800

Appellee's Unopposed Motion for Extension of Time To File Appellee Brief Page3

CERTIFICATE OF CONFERENCE

Counsel for Appellee conference with counsel for Appellee concetning this request for a 7 day extension via email on December 14, 201 nsel for Appellee does not op request.

CERTIFICATE OF SERVICE

Pursuant to rule 9.5 of the Texas Rules of Appellate Procedure, I hereby certify that a true and conect copy of the foregoing instrument has been filed electronically and delivered electronically and via facsimile to the following counsel of record on this 14th day of December, 2015:

Emily Davenport (612) 660-5979 Reed, Clayman, Meeker & Hargett, PLLC 5608 Parkcrest Drive, Suite 200 Austin, Texas 78731 edavenport@rcmhlaw.com

Appellee's Unopposed Motion for Extension of Time To File Appellee Brief Page 4