Margaret Reid v. Seton Hospital, Dr. Michael Breen and Dr. Ann Czarnik

• Court: Court of Appeals of Texas
• Decided: September 14, 2016
• Docket: 03-16-00301-CV
• Status: Published

Opinion

ACCEPTED 03-16-00301-CV 12697356 THIRD COURT OF APPEALS AUSTIN, TEXAS 9/14/2016 1:29:49 PM JEFFREY D. KYLE CLERK CAUSE NO. 03-16-00301-CV

FILED IN 3rd COURT OF APPEALS In the Court of Appeals for the Third Judicial District AUSTIN, TEXAS At Austin, Texas 9/14/2016 1:29:49 PM JEFFREY D. KYLE Clerk

MARGARET REID,

Appellant,

v.

SETON HOSPITAL, MICHAEL BREEN, AND ANN CZARNIK

Appellees

ON APPEAL FROM THE 53RD DISTRICT COURT TRAVIS COUNTY, TEXAS CAUSE NO. D-1-G-15-003300 HONARABLE KAREN CRUMP

UNOPPOSED FIRST MOTION TO EXTEND TIME TO FILE BRIEF OF APPELLEE ANN CZARNIK

BRUSTKERN FLOCOS &ASSOCIATES Tim Flocos TX Bar No. 24033697 611 West 14th Street, Suite 200 Austin, Texas 78701 Phone: 512.467.6076 Fax: 512.467.6550 tim@timflocos.com Attorney for Defendant, Ann Czarnik - Appellee Attorney for Plaintiff/Appellant Margaret Reid THE SARFO LAW FIRM Samuel Adjei Sarfo TX Bar No. 24071896 1703B Burton Drive Austin, Texas 78701 Phone: 512.297.0227 Fax: 512.441.3413 Email: lawyersarfo@yahoo.com

Attorney for Defendants’/Appellees Seton Hospital and Michael Breen Norton Rose Fulbright US LLP Daphne Andritsos TX Bar No. 00793266 98 San Jacinto Blvd, Suite 110 Austin, Texas 78701-4225 Phone: 512.536.5412 Fax: 512.536.4598 Email: enmaprice@nortonrosefulbright.com

TO THE HONORABLE JUDGE OF THE THIRD COURT OF APPEALS:

COMES NOW, Appellee Ann Czarnik, and files this her Motion to Extend Time to File

Brief pursuant to Tex. R. App. Proc. 10.5(b) and 38.6(d), and would respectfully show the Court:

1. Appellant is Margaret Reid; Appellees are Seton Hospital, Micheal Breen, and Ann

Czarnik.

2. Counsel for Appellant Reid and counsel for Appellees Seton Hospital and Micheal

Breen are all unopposed to this motion as evidenced in the certificate of conference below.

3. Appellee Czarnik’s response brief on the merits is due to be filed with this Court on

September 15, 2016.

4. Appellees seek a 10-day extension of time to file Appellee’s brief, to September 25,

2016.

5. This is Appellee’s first request to extend time for filing her response brief. 6. Due to unexpected events lead counsel for Appellee has become unavailable during the

time the brief is to be filed.

7. Counsel for Appellee seeks this extension of time to be able to prepare a cogent and

succinct brief to aid this Court in its analysis of the issues presented. This request is not sought

for delay but so that justice may be done.

8. All facts recited in this motion are within the personal knowledge of the counsel

signing this motion, therefore no verification is necessary under Texas Rule of Appellate

Procedure 10.2.

PRAYER FOR RELIEF

For the reasons set forth above, Appellee requests that this Court grant this First Motion

to Extend Time to File Appellee’s Brief and extend the deadline for filing the Appellee’s Brief

up to and including September 25, 2016.

Respectfully submitted,

____________________________________ Tim Flocos, TX Bar No. 24033697 BRUSTKERN FLOCOS &ASSOCIATES 611 West 14th Street, Suite 200 Austin, Texas 78701 Phone: 512.467.6076 Fax: 512.467.6550 tim@timflocos.com Attorney for Defendant, Ann Czarnik - Appellee Certificate of Conference

Pursuant to TEX. R. APP. P. 10.1(5), I certify that the undersigned conferred with counsel for Plaintiff/Appellant Margaret Reid and counsel for Defendants’/Appellees Seton Hospital and Michael Breen who indicated that they do not oppose this motion.

Tim Flocos

Certificate of Service

I hereby certify that on September 14th, 2016 a copy of the foregoing Motion to Extend Time was delivered to the following parties by e-mail and the Court’s E-filing system:

Samuel Adjei Sarfo TX Bar No. 24071896 THE SARFO LAW FIRM 1703B Burton Drive Austin, Texas 78701 Phone: 512.297.0227 Fax: 512.441.3413 Email: lawyersarfo@yahoo.com Attorney for Plaintiff/Appellant Margaret Reid

Daphne Andritsos TX Bar No. 00793266 Norton Rose Fulbright US LLP 98 San Jacinto Blvd, Suite 110 Austin, Texas 78701-4225 Phone: 512.536.5412 Fax: 512.536.4598 Email: enmaprice@nortonrosefulbright.com Attorney for Defendants’/Appellees Seton Hospital and Michael Breen