Joyce Ann Sarro v. Michael A. Sarro

Opinion

ACCEPTED

04-15-00392-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

9/21/2015 3:40:29 PM

KEITH HOTTLE

CLERK

No. 04–15–00392–CV

JOYCE ANN SARRO IN THE COURT FILED OF APPEALS

IN

4th COURT OF APPEALS

vs. 4TH COURT OF APPEALS DISTRICT SAN ANTONIO, TEXAS

9/21/2015 3:40:29 PM

MICHAEL A. SARRO SAN ANTONIO, TEXAS KEITH E. HOTTLE

Clerk

Motion for Extension of Time To File a Brief by Appellant (Unopposed)

Comes now appellant, Joyce Ann Sarro, and moves the Court to extend the time to

file her brief, pursuant to Tex. R. App. P. 10.1, 10.5, and Article I, section 19 of the Texas

Constitution.

1. Appellant’s brief is presently due on September 21, 2015.

2. An extension for 30 days is requested to October 21, 2015.

3. The undersigned counsel for Appellant has been responsible for the care of two

family members, one of whom passed away in June 2015. His brother, handicapped with

Down’s Syndrome, has additional difficulties including the necessity of being prompted

when eating. On August 31, 2015, the brother was hospitalized and was released on September 5, 2015. A copy of the discharge document is attached as exhibit ’A’ and is

made a part of this motion. This new development has required additional attention.

4. This is the first request for an extension of time to file a brief by Appellant.

5. This extension is not sought solely for delay, but that justice may be done.

6. An inquiry was made about this motion to the attorney for Appellee, who indicated

that the motion is not opposed.

Prayer

Therefore, Joyce Ann Sarro prays that this motion be filed, that an extension of time

be granted to October 21, 2015 to file Appellant’s brief, and that she have such other relief,

in law or equity, to which she may be justly entitled.

2

Respectfully submitted,

/s/ R. Robert Willmann, Jr.

R. Robert Willmann, Jr. Attorney at Law P.O. Box 460167 San Antonio, Texas 78246 Tel 844.244.9973 Temporary Fax 361.552.4305 willaw@prismnet.com Bar No. 21655960

Certificate of Service

I certify that this motion was served by– electronic service through an electronic filing manager and by fax to Rachel Sadovsky; Cordell & Cordell; 10101 Reunion Place, Suite 250; San Antonio, Texas 78216 (rsadovsky@cordelllaw.com) (attorney for Michael A. Sarro); on the 21st day of September, 2015.

/s/ R. Robert Willmann, Jr.

R. Robert Willmann, Jr.

Exhibit A

Affidavit Regarding Exhibit

State of Texas County of Calho~~n

Before me, the undersigned authority, personally appeared R. Robert Wdlmam, Jr., who, after being duly sworn, stated as follows.

"I, R. Robert Willmann, Jr., am over 18 years of age, am an attorney licensed to practice law in the State of Texas, and am otherwise competent to make this affidavit.

:^.

I am an attorney for appellant Joyce Ann Sarro regarding this appeal.

Attached to this affidavit and made a part of this exhibit 'A' is a true and complete copy

of a discharge sheet for my brother David Wilhnann regarding his recent hospitalization,

with some redactions. I signed the paper at the hospital and received a copy there.

I have personal knowledge of the contents of this affidavit and they are true and correct."

R. Robert Willmann, Jr. Affiant d Subscribed and sworn to before me on this 18th day of September, 2015, to which witness my hand and seal of office.

A 4 NO& Public, State of Texas /

My commission expires:

Discharge Instructions Printed: 09/05/15 20:09 Page 2 of 2

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Frequency: DAILY

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1 REFERRALS / TRANSITIONS OF CARE 1 Transition of Care Provider : BETHANY HOME HEALTH Phone : Address1 : Address2 : City: State: Zip: 00000 Reason for Transfer: Scheduled Date: Additional Information:

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NUMBER: -----', AGE: 59 SEX : ROOM: 105 PAG