Rosalinda Reyes v. Memorial Hermann Health D/B/A TIRR Memorial Hermann

• Court: Court of Appeals of Texas
• Decided: February 11, 2015
• Docket: 14-14-00379-CV
• Status: Published

Opinion

ACCEPTED 14-14-00379-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 2/11/2015 12:37:05 PM CHRISTOPHER PRINE CLERK

NO. 14-14-00379-CV

In the Court of Appeals for the FOURTEENTH DISTRICT OF TEXAS

ROSALINDA REYES APPELLANT

V.

MEMORIAL HERMANN HEALTH SYSTEM D/B/A TIRR MEMORIAL HERMANN APPELLEE

On Appeal from the 129th District Court, Harris County, Texas, Cause No. 2013-35690, The Hon. Michael Gomez, Judge Presiding

UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF

TO THE HONORABLE COURT OF APPEALS:

COMES NOW, Memorial Hermann Health System d/b/a TIRR Memorial

Hermann and files this Unopposed Motion to Extend Time to File Appellee’s

Brief. In support of this Motion, Appellee shows unto this Court the following:

A.

INTRODUCTION

1. This is an interlocutory appeal brought by Appellant pursuant to the

Texas Civil Practice & Remedies Code Section 51.014(a)(9), which allows an interlocutory appeal from an order denying a motion to dismiss under Texas Civil

Practice & Remedies Code Section 74.351 (b). The Appellant is Rosalinda Reyes

and the Appellee is Memorial Hermann Health System d/b/a Memorial Hermann

TIRR.

B.

ARGUMENT & AUTHORITIES

2. No rule limits the time within which to file this Motion to Extend.

Tex. R. App. P. 38.6.

3. The Court may extend time to file Appellee’s Brief under the

authority of Tex. R. App. P. 38.6(d).

4. Appellee’s Brief is due on or about February 16, 2015.

5. Appellee requests an additional thirty (30) days from the current due

date in which to file its brief, extending the time to March 16, 2015.

6. Appellee has previously requested two extensions to file its brief.

7. An extension of time to file Appellee’s Brief would allow Appellee to

prepare its brief with the thoughtful consideration and deliberation that this

important matter requires. PRAYER

8. For these reasons, Appellee asks the Court to grant an extension of

time to file its Brief to March 16, 2015.

Respectfully submitted,

LUCCIA & EVANS, L.L.P.

By /s/ Frank N. Luccia Frank N. Luccia SBN 12664400 fnluccia@luccia-evans.com Mary M. Wagner SBN 20659920 mmwagner@luccia-evans.com 8 Greenway Plaza, Suite 1450 Houston, Texas 77046 (713) 629-0002 / Fax (713) 629-0004

ATTORNEYS FOR APPELLEE

CERTIFICATE OF CONFERENCE

I hereby certify that we have conferred with counsel for Appellant regarding the foregoing motion and opposing counsel is unopposed.

/s/ Frank N. Luccia_____ Frank N. Luccia/Mary M. Wagner CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing Motion to Extend Time to File Appellee’s Brief has been forwarded to counsel for Appellant via [ ] facsimile, [ ] certified mail, return receipt requested, [X] e-service on the 11th day of February, 2015 as follows:

Kevin Adley Gilbert Garza ADLEY LAW FIRM LTD, LLP 1421 Preston St. Houston, TX 77002

/s/ Frank N. Luccia_____ Frank N. Luccia/Mary M. Wagner