Specialty Select Care Center of San Antonio, L.L.C. D/B/A Casa Rio Healthcare and Rehabilitation v. Helen Arlene Owen, Individually and on Behalf of All Wrongful Death Beneficiaries of Lily Mines, Helen Bomar, as Wrongful Death Beneficiary and on Behalf of the Estate of Frank Bomar, Trinidad Virginia Luna Rangel and Ted Richard Luna

Opinion

ACCEPTED

04-15-00561-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS 10/30/2015 8:39:25 AM

KEITH HOTTLE

CLERK

NO. 04-15-00561-CV

FILED IN

4th COURT OF APPEALS

IN THE SAN ANTONIO, TEXAS FOURTH COURT OF APPEALS 10/30/2015 8:39:25 AM AT SAN ANTONIO, TEXAS KEITH E. HOTTLE Clerk

SPECIALTY SELECT CARE CENTER OF SAN ANTONIO D/BA CASA RIO HEALTHCARE AND REHABILITATION, Appellant

v.

HELEN ARLENE OWEN, ON BEHALF OF ALL WRONGFUL DEATH BENEFICIARIES AND HEIRS OF LILY MINES, DECEASED, et al., Appellees

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ BRIEF UNTIL 21 DAYS AFTER THE PARTIES MEDIATE

Gavin McInnis Texas Bar No. 13679800 gavin@marynellmaloneylawfirm.com Michelle Maloney Texas Bar No. 24069099 michelle@marynellmaloneylawfirm.com Marynell Maloney Law Firm, PLLC 115 E. Travis, Suite 1800 San Antonio, Texas 78205 (210) 212-8000 telephone (210) 212-8385 facsimile Attorneys for Appellees

TO THE HONORABLE FOURTH COURT OF APPEALS:

Appellees, Helen Arlene Owen, on Behalf of all Wrongful Death

Beneficiaries and Heirs of Lily Mines, Deceased; Trinidad Virginia Luna Rangel

and Ted Richard Luna, as all Wrongful Death Beneficiaries and Heirs of Trinidad

Luna, Deceased; Carrie Lopez, on behalf of all Wrongful Death Beneficiaries and

Heirs of Porfirio Ramirez, Deceaased; Sandra Mata, on behalf of all Wrongful

Death and Beneficiaries and Heirs of Juanita Trinidad, Deceased, Carmen Perez, as

Wrongful Death Beneficiary and on Behalf of the Estate of Sally Perez, Deceased

and Reginald Bateman, as Wrongful Death Beneficiary and Heir of Doris Lewis,

Deceased file this unopposed motion asking the court for an extension of time to

file their Appellees’ Brief until January 5, 2016, which is 21 days after the date the

parties’ have agreed to mediate the underlying dispute.

The parties have scheduled a mediation of the underlying dispute for

December 15, 2015.

Appellees’ Brief is currently due on November 16, 2015. Appellees

respectfully request an extension of time for Appellees to file their brief until

January 5, 2016, which is 21 days after the mediation date agreed upon by the

parties.

This is Appellees’ first request for an extension of time to file their brief.

This request is unopposed.

2

Good cause exists for this request. As noted above, the parties have agreed

to mediate the underlying dispute. Granting the extension sought by Appellees

will promote “the policy of this state to encourage the peaceable resolution of

disputes…and the early settlement of pending litigation through voluntary

settlement procedures.” TEX. CIV. PRAC. & REM. CODE § 154.002. Furthermore,

the mediation, if successful, will result in a dismissal of this appeal thus freeing up

judicial resources.

This extension is not sought for the purposes of delaying this appeal, but so

that justice may be done.

PRAYER

Appellees respectfully request that the Court extend the deadline for

Appellees to file Appellees’ Brief until January 5, 2016.

Respectfully submitted,

/s/ Gavin McInnis Gavin McInnis Texas Bar No. 13679800 gavin@marynellmaloneylawfirm.com Michelle Maloney Texas Bar No. 24069099 michelle@marynellmaloneylawfirm.com 115 E. Travis, Suite 1800 San Antonio, Texas 78205 Telephone: (210) 212-8000 Facsimile: (210) 212-8385 Attorneys for Appellees

3

CERTIFICATE OF CONFERENCE

I hereby certify that on October 29, 2015, I conferred by e-mail with Jeffrey

Cook, counsel for Appellant, who advised that he is unopposed to this motion.

/s/ Gavin McInnis Gavin McInnis

CERTIFICATE OF SERVICE

This is to certify that on the 30th day of October 2015 a copy of the foregoing was served pursuant to the Texas Rule of Appellate Procedure 9.5 upon the following counsel:

Jeffrey Cook Carl J. Kolb jcook@sullivancook.com carl@carlkolblaw.com Adam Barela Jeffrey L. Stewart abarela@sullivancook.com jeff@carlkolblaw.com SULLIVAN & COOK, LLC CARL J. KOLB, P.C. 600 E. Las Colinas Blvd., Suite 1300 926 Chulie Drive Irving, Texas 75039 San Antonio, Texas 78216 Attorneys for Appellant Attorneys for Appellant

Elizabeth Conry Davidson conrydavidson@gmail.com 926 Chulie Drive San Antonio, Texas 78216

/s/ Gavin McInnis