Morningside Ministries D/B/A Morningside Ministries at the Manor and the Morningside Ministries Foundation, Inc. v. Rosa Lee Rodriguez, as Next Friend of Flora Mendez

Opinion

ACCEPTED 04-15-00049-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 8/4/2015 1:04:30 PM KEITH HOTTLE CLERK

NO. 04-15-00049-CV

MORNINGSIDE MINISTRIES D/B/A § IN THE COURT OF APPEALS FILED IN MORNINGSIDE MINISTRIES AT THE § 4th COURT OF APPEALS MANOR AND THE MORNINGSIDE § SAN ANTONIO, TEXAS MINISTRIES FOUNDATION, INC. § 08/04/15 1:04:30 PM § KEITH E. HOTTLE v. § FOURTH Clerk JUDICIAL DISTRICT § ROSA LEE RODRIGUEZ AS NEXT § FRIEND OF FLORA MENDEZ § SAN ANTONIO, TEXAS

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

TO THE HONORABLE JUSTICES OF SAID COURT:

NOW COMES Appellee Rosa Lee Rodriguez, as Next Friend of Flora Mendez, and files

this unopposed motion asking that this Court extend the deadline to file the Brief of Appellee by

thirty days, and would respectfully show the Court as follows:

A. Factual and Procedural History

1. The case is on appeal from the 166th Judicial District Court, Bexar County, Texas.

2. The style and number of the case in the trial court was Rosa Lee Rodriguez, as Next

Friend of Flora Mendez v. Morningside Ministries d/b/a Morningside Ministries at the Manor

and the Morningside Ministries Foundation, Inc., Bexar County District Court Cause No. 2014-

CI-07530.

3. This is an interlocutory appeal from an order denying a motion to dismiss filed under

section 74.351 of the Texas Civil Practice and Remedies Code.

4. The present deadline for Appellee to file her brief in this cause is August 5, 2015.

5. Appellees seek an extension of time of thirty (30) days—until September 4, 2015.

6. This is the second motion for extension of time to file Appellee’s brief filed in this

matter.

7. This motion is unopposed.

B. Argument and Authorities

8. This Court has the authority to grant a motion to extend the deadline to file a party’s brief

under Texas Rule of Appellate Procedure 10.5(b).

9. Counsel for Appellee has had other deadlines that prevented her from immediately

beginning work on this brief, including:

• July 6, 2015—Filed Brief of Appellees in Thirteenth Court of Appeals Cause Number 13-

14-00725-CV, Dos Republicas Coal Partnership v. David Saucedo as Floodplain Administrator of the Maverick County Commissioners Court and the Maverick County Commissioners Court

• July 7, 2015—Attended and argued hearing on Motion for Summary Judgment in Bexar County District Court Cause Number 2014-CI-10939, Keith Anderson II v. Stuart McGrath, as Personal Representative of the Estate of Richard Alan McGrath and General Parts, Inc.

• July 24, 2015—Filed Appellant’s Reply to Brief of Appellee American K-9 Detection Services, LLC in Thirteenth Court of Appeals Cause Number 13-14-00726-CV, LaTasha Freeman v. American K-9 Detection Services, LLC and Hill Country Dog Center, LLC

• August 4, 2015—Filed Appellant’s Reply to Brief of Appellee Hill Country Dog Center in Thirteenth Court of Appeals Cause Number 13-14-00726-CV, LaTasha Freeman v. American K-9 Detection Services, LLC and Hill Country Dog Center, LLC

10. This extension is not sought for the purposes of delaying this appeal, but so that justice

may be done.

C. Conclusion and Prayer

11. For the foregoing reasons, Appellee Rosa Lee Rodriguez, as Next Friend of Flora

Mendez respectfully request that this Court grant this Unopposed Second Motion for Extension

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of Time to File The Brief of Appellee, and extend the deadline filing that brief until September 4,

2015.

Respectfully submitted,

/s/ Beth Watkins Beth Watkins State Bar No. 24037675 LAW OFFICE OF BETH WATKINS 926 Chulie Drive San Antonio, Texas 78216 (210) 225-6666—phone (210) 225-2300—fax Beth.Watkins@WatkinsAppeals.com

COUNSEL FOR APPELLEE ROSA LEE RODRIGUEZ, AS NEXT FRIEND OF FLORA MENDEZ

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CERTIFICATE OF CONFERENCE

On August 4, 2015, Ms. Nissa Dunn, counsel for Appellants, indicated via email that her clients did not oppose the requested extension of time.

/s/ Beth Watkins Beth Watkins

CERTIFICATE OF SERVICE

I hereby certify that on August 4, 2015, a true and correct copy of the foregoing Unopposed Second Motion for Extension of Time to File Brief of Appellee was electronically served on the following counsel of record:

Nissa M. Dunn HOUSTON DUNN 4040 Broadway, Suite 440 San Antonio, Texas 78209 nissa@hdappeals.com COUNSEL FOR APPELLANTS

/s/ Beth Watkins Beth Watkins COUNSEL FOR APPELLEE ROSA LEE RODRIGUEZ, AS NEXT FRIEND OF FLORA MENDEZ