Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 10/29/2015 11:12:09 AM JEFFREY D. KYLE Clerk NO. 03-15-00596-CV THIRD COURT OF APPEALS 10/29/2015 11:12:09 AM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00596-CV *1 ACCEPTED ^[7595203] CLERK ________________________________________________________________

IN THE COURT OF APPEALS

THIRD DISTRICT OF TEXAS, AUSTIN

________________________________________________________________

GRACY WOODS I NURSING HOME,

Appellant,

v.

MARTHA MAHAN, AS THE REPRESENTATIVE

OF THE ESTATE OF MARY RIVERA,

Appellee.

________________________________________________________________

ON INTERLOCUTORY APPEAL FROM

THE 250 TH JUDICIAL DISTRICT, TRAVIS COUNTY, TEXAS

TRIAL COURT CAUSE NO. D-1-GN-14-005169

________________________________________________________________

APPELLANT’S UNOPPOSED MOTION FOR EXTENSION OF TIME

TO FILE APPELLANT’S BRIEF

________________________________________________________________

TO THE HONORABLE JUSTICES OF THE THIRD COURT OF

APPEALS:

COMES NOW Appellant Gracy Woods I Nursing Home and

presents this Unopposed Motion for Extension of Time to File

Appellant’s Brief.

1. In accordance with T EX . R. A PP . P. 10.5(b)(1) Appellant Gracy

Woods I Nursing Home brings this unopposed request for an extension

of time to file Appellant’s Brief.

2. This motion is Appellant’s first request for an extension of time to

file its Brief.

3. Appellant’s deadline to file its brief is currently November 5, 2015.

4. Appellant seeks a 5-day extension. If granted, Appellant’s

deadline to file its Brief would be November 10, 2015.

5. Appellant requests the extension due to appellate counsel’s

commitments in other matters, which will affect counsel’s ability to

devote a sufficient amount of time to Appellant’s Brief.

6. Counsel for Appellee does not object to Appellant’s request for a 5-

day extension of time to file Appellant’s Brief.

9. Appellant does not seek this extension of time for the sole purpose

of delay but so that justice may be done.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellant Gracy

Woods I Nursing Home respectfully requests that this Court grant an

additional five days from November 5, 2015 until November 10, 2015 for

Appellant to file its Brief.

Respectfully submitted, REED, CLAYMON, MEEKER & HARGETT, PLLC By: /s/ Emily J. Davenport Emily J. Davenport State Bar No. 24012501 Janice M. Byington State Bar No. 24006938 5608 Parkcrest Dr, Suite 200 Austin, Texas 78731 (512) 660-5960 (512) 660-5979 (facsimile) edavenport@rcmhlaw.com jbyington@rcmhlaw.com ATTORNEYS FOR APPELLANT GRACY WOODS I NURSING HOME *4 CERTIFICATE OF CONFERENCE

Counsel for Appellant conferred with counsel for Appellee

concerning this request for a 5-day extension via e-mail on October 28,

2015. Counsel for Appellee does not oppose the request.

/s/ Emily J. Davenport Emily J. Davenport CERTIFICATE OF SERVICE

Pursuant to rule 9.5 of the Texas Rules of Appellate Procedure, I

hereby certify that a true and correct copy of the foregoing instrument

has been filed electronically and delivered via electronically and via

facsimile to the following counsel of record on this 29 th day of October,

2015:

Jack Modesett III

Walter V. Williams

ModesettWilliams, PLLC

515 Congress Ave., Suite 1650

Austin, TX 78701

jack@jmodesettlaw.com

/s/ Emily J. Davenport Emily J. Davenport