Ravi Botla, M.D. v. Salvador Del Toro, Jr.

Opinion

ACCEPTED

04-15-00061-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS 2/11/2015 9:02:49 AM

KEITH HOTTLE

CLERK

No. 04-15-00061-CV

FILED IN

IN THE COURT OF APPEALS 4th COURT OF APPEALS SAN ANTONIO, TEXAS

FOURTH COURT OF APPEALS JUDICIAL DISTRICT 2/11/2015 9:02:49 AM

SAN ANTONIO, TEXAS KEITH E. HOTTLE Clerk

RAVI BOTLA, M.D.,

Appellant

vs.

SALVADOR DEL TORO, JR.,

Appellee

NOTICE OF APPEARANCE OF APPELLATE COUNSEL & UNOPPOSED MOTION FOR FIVE-DAY EXTENSION OF TIME TO FILE RESPONSE TO PETITION FOR PERMISSIVE APPEAL

TO THE JUSTICES:

Ravi Botla, M.D. has petitioned this Court to appeal the denial

of a summary judgment order. Salvador Del Toro, Jr. asks this Court

and all parties in the case to take notice that he has retained

appellate counsel: Kimberly S. Keller, Keller Stolarczyk PLLC, 234

West Bandera Road, No. 120, Boerne, Texas 78006, email:

kim@kellsto.com.

Botla filed his petition for permissive appeal on February 6,

2015. Del Toro’s response is due on February 16, 2015. Due to the

short deadline allowed for the filing of a response to a petition for

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permissive appeal and Del Toro’s recent hiring of new counsel for

purposes of appeal, Del Toro respectfully requests this Court to grant

him a five-day extension of the response deadline, which would make

his response due on February 23, 2015. This extension is needed to

allow newly-retained appellate counsel to review the file, review the

petition for permissive appeal, and prepare and file a response. Botla

is unopposed to this extension request.

Respectfully submitted,

KELLER STOLARCZYK PLLC 234 West Bandera Road #120 Boerne, Texas 78006 Tele: 830.981.5000 Facs: 888.293.8580 /s/Kimberly S. Keller Kimberly S. Keller SBN: 24014182 www.kellsto.com Email: kim@kellsto.com

George W. Mauzé, II MAUZÉ LAW FIRM 2632 Broadway, Suite 400S San Antonio, Texas 78215 Tele: 210.225.6262 Facs: 210354.3909

ATTORNEYS FOR DEL TORO

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CERTIFICATE OF CONFERENCE & SERVICE

On February 10, 2015, Del Toro’s trial counsel, George Mauzé,

of Mauzé Law Firm, conferred with opposing counsel, Diana L.

Faust, of Cooper & Scully, P.C., and was advised that Botla is

unopposed to this Motion. On February 11, 2015, I served a copy of

this Notice and Motion on those individuals listed below via this

Court’s e-filing system or facsimile:

Diana L. Faust

Michelle E. Robberson COOPER & SCULLY, P.C. 900 Jackson Street, Suite 100 Dallas, Texas 75202

Brett B. Rowe Nicki K. Elgie

EVANS, ROWE & HOLBROOK, P.C. 10101 Reunion Place, Suite 900 San Antonio, Texas 78216

/s/Kimberly S. Keller Kimberly S. Keller