Pinecrest SNF, LLC D/B/A Pinecrest Nursing & Rehabilitation Center v. Tasco Bailey, Nathan Bailey, Carlie Bailey, Roy Bailey, Bill Bailey, James Bailey, Earl Bailey, Mary Dunlap and Licille Martin, as Heirs of Archie Bailey

Opinion

ACCEPTED 12-14-00357-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 4/7/2015 3:36:20 PM CATHY LUSK CLERK

NO. 12-14-00357-CV

FILED IN IN THE COURT OF APPEALS FOR THE TWELFTH DISTRICT 12th COURT OF APPEALS AT TYLER, TEXAS TYLER, TEXAS 4/7/2015 3:36:20 PM CATHY S. LUSK Clerk PINECREST SNF, LLC D/B/A PINECREST NURSING & REHABILITATION CENTER, Appellant,

v.

TASCO BAILEY, NATHAN BAILEY, CURLIE BAILEY, ROY BAILEY, BILL BAILEY, JAMES BAILEY, EARL BAILEY, MARY DUNLAP AND LICILLE MARTIN, AS HEIRS OF ARCHIE BAILEY, Appellees.

On Interlocutory Appeal from the 114th Judicial District Court of Smith County, Texas Cause No. 14-0856-B The Honorable Christi Kennedy Presiding

APPELLANT’S MOTION FOR EXTENSION TO FILE REPLY BRIEF

NICHOL L. BUNN State Bar No. 00790394 STEPHANIE F. ERHART State Bar No. 24007180 LEWIS, BRISBOIS, BISGAARD & SMITH, LLP 2100 Ross Avenue, Suite 2000 Dallas, Texas 75201 (214) 722-7100 (214) 722-7111 (fax) ATTORNEYS FOR PINECREST NURSING SNF, LLC D/B/A PINECREST NURSING & REHABILITATION CENTER

4848-6269-1094.2 TO THE HONORABLE COURT OF APPEALS:

1. Pursuant to Rules 2, 10.5(b), and 38.6(d), Appellant Pinecrest Nursing

SNF, LLC d/b/a Pinecrest Nursing & Rehabilitation Center respectfully requests a 14-

day extension of time to file its reply brief. The brief is currently due on April 20,

2015. The requested extension would make the brief due on May 4, 2015. This is

Appellant’s first request for extension of time to file its reply brief.

2. Appellees have indicated that they will not oppose this extension.

3. Appellee requests this extension of time to permit its counsel adequate

time to prepare a brief that will be as helpful to the Court as possible. The additional

time is necessary because:

(a) Stephanie Erhart, appellate counsel for Appellant will be out of the country

from April 9, 2015 through April 19, 2015 in Italy.

(b) In addition, Mrs. Erhart has been occupied on other matters since Appellees

filed their brief, which has limited her ability to dedicate the necessary time to

preparing Appellant’s reply brief.

(c) Once the brief is completed, it will be subject to review and approval by

client representatives for Appellant. This will add to the amount of time necessary to

prepare and finalize the brief before it can be filed.

4848-6269-1094.2 WHEREFORE, Appellant Pinecrest Nursing SNF, LLC d/b/a Pinecrest Nursing

& Rehabilitation Center respectfully requests that this Court extend the deadline for its

reply brief to May 4, 2015. Appellant further requests general relief.

Respectfully submitted,

Nichol L. Bunn State Bar No. 00790394 Nichol.Bunn@lewisbrisbois.com Stephanie F. Erhart State Bar No. 24007180 Stephanie.Erhart@lewisbrisbois.com LEWIS, BRISBOIS, BISGAARD & SMITH, LLP 2100 Ross Avenue, Suite 2000 Dallas, Texas 75201 (214) 722-7100 (214) 722-7111 (fax)

ATTORNEYS FOR PINECREST NURSING PINECREST SNF, LLC D/B/A PINECREST NURSING & REHABILITATION CENTER

4848-6269-1094.2 CERTIFICATE OF SERVICE

Pursuant to TEX. R. CIV. P. 21a and TEX. R. APP. P. 25.1 (e), I hereby certify that a true and correct copy of the foregoing instrument has been served upon the following counsel of record on April 7, 2015:

Robert M. Wharton MCIVER BROWN LAW FIRM JP Morgan Chase Bank Building 712 Main Street, Suite 800 Houston, Texas 77002 (832) 767-1673 (832) 767-1783 (fax) firm@mciverbrown.com

STEPHANIE ERHART

4848-6269-1094.2