Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 12/2/2015 4:36:49 PM JEFFREY D. KYLE Clerk No. 03-15-00025-CV THIRD COURT OF APPEALS 12/2/2015 4:36:49 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00025-CV *1 ACCEPTED [8060668] CLERK _____________________________________________ IN THE COURT OF APPEALS THIRD DISTRICT OF TEXAS AUSTIN, TEXAS ______________________________________________ APPELLANTS, LAKEWAY REGIONAL MEDICAL CENTER, LLC AND
SURGICAL DEVELOPMENT PARTNERS, LLC// CROSS-APPELLANT,
LAKE TRAVIS TRANSITIONAL LTCH, LLC N/K/A LAKE TRAVIS
SPECIALTY HOSPITAL, LLC v.
APPELLEES, LAKE TRAVIS TRANSITIONAL LTCH, LLC N/K/A LAKE
TRAVIS SPECIALTY HOSPITAL, LLC// CROSS-APPELLEES, LAKEWAY
REGIONAL MEDICAL CENTER, LLC, SURGICAL DEVELOPMENT
PARTNERS, LLC, BRENNAN, MANNA, & DIAMOND, LLC AND FRANK T. SOSSI ______________________________________________ LTT’S MOTION TO FILE A REPLY BRIEF OF 5000 WORDS
AND RESPONSE TO THE HOSPITAL DEFENDANTS’ MOTION
______________________________________________ TO THE HONORABLE COURT OF APPEALS:
Ordinarily a party may file a reply brief of up to 7,500 words. Tex. R. App.
P. 9.4(i)(2)(C). Where there are cross-appeals and each party ends up filing
multiple briefs, as in this case, there is a cumulative cap of 27,000 words for all
briefs filed by a party. Tex. R. Civ. P. 9.4(i)(2)(B). Appellee Lake Travis
Transitional LTCH, LLC n/k/a Lake Travis Specialty Hospital, LLC (“LTT”) has
already filed a Brief of Appellant and Brief of Appellee in this case. Though each
stayed within the 15,000 word limit for briefs, LTT is now constrained by the
27,000 cumulative word limit in filing its reply brief. LTT therefore asks this
Court to grant it relief from the cumulative word limit and allow it to file a reply
brief of 5,000 words.
Without this extension of the word limit, LTT cannot file a reply brief that
would be meaningful in assisting this Court in deciding this appeal. By requesting
5,000 words rather than the full 7,500 ordinarily allowed for reply briefs, LTT
seeks to minimize the burden on the Court. For that same reason, LTT opposes—
in part—the request by SDP/LRMC for an extension of 7,500 words for their reply
brief. LTT submits that 5,000 words are sufficient for reply briefs for all parties in
this appeal.
SDP/LRMC do not oppose this motion. The Lawyer Defendants have not
responded to state whether they oppose or not.
WHEREFORE, LTT respectfully requests that this Court grant this motion,
allow all parties to file a reply brief of 5,000 words, and grant to it all other relief
to which it may be entitled.
Respectfully submitted, SCOTT DOUGLASS & MCCONNICO LLP 303 Colorado Street, 24th Floor Austin, TX 78701 (512) 495-6300 (512) 495-6399 Fax By: /s/ Jane Webre _________ S. Abraham Kuczaj, III State Bar No. 24046249 akuczaj@scottdoug.com Paige Arnette Amstutz State Bar No. 00796136 pamstutz@scottdoug.com Steven J. Wingard State Bar No. 00788694 swingard@scottdoug.com Jane Webre State Bar No. 21050060 jwebre@scottdoug.com ATTORNEYS FOR CROSS- APPELLANT/APPELLEE LAKE TRAVIS TRANSITIONAL LTCH, LLC n/k/a LAKE TRAVIS SPECIALTY HOSPITAL, LLC CERTIFICATE OF CONFERENCE I certify that I contacted Joy Soloway, counsel for SDP/LRMC, and Ryan
Fellman, counsel for the Lawyer Defendants, regarding this motion. Joy Soloway
informed me that she does not oppose this motion. As of the time the motion was
filed, Ryan Fellman had had responded whether he opposes the relief sought
through this motion.
/s/ Jane Webre Jane M.N. Webre *4 CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing pleading was served on
the following counsel of record via the CM/ECF electronic noticing system and
e-mail, on December 2, 2015
Jeff Cody
Barton Wayne Cox
N ORTON R OSE F ULBRIGHT
2200 Ross Avenue, Suite 2800
Dallas, TX 75201-2784
Joy Soloway
N ORTON R OSE F ULBRIGHT
1301 McKinney, Suite 5100
Houston, TX 77010-3095
Robert A. Bragalone
B. Ryan Fellman
G ORDON & R EES , LLP
2100 Ross Avenue, Suite 2800
Dallas, TX 75201
Jessica Z. Barger
Raffi Melkonian
Wright & Close, LLP
One Riverway, Suite 2200
Houston, TX 77056
/s/ Jane Webre Jane M.N. Webre