Pursuant to Tex. R. App. P. 10.5(b) and 38.6(d), the Appellant, Elness,

Swenson, Graham Architects, Inc. (“ESG”), files this Unopposed First Motion to

Extend Time to File Appellant’s Brief. ESG’s opening brief is currently due on

March 11, 2015. Counsel for ESG requests a 30-day extension of time to file its

brief, making the brief due on April 10, 2015. This is the first request for

extension of time to file the opening brief.

In addition to the routine matters that counsel must attend to in daily

practice, counsel for ESG is preparing opening briefs for submission on March 11

and March 12, 2015 in the following Second and Fifth Court of Appeals matters:

1. Nexion Health at North Richland Hills, Inc. v. Stephanie Street-Larson ,

No. 02-15-00047-CV, in the Second Court of Appeals, Appellant’s Opening Brief due March 11, 2015; and 2. Nexion Health at Garland, Inc. v. Christine Townsend , No. 05-15-00153-

CV, in the Fifth Court of Appeals, Appellant’s Opening Brief due March 12, 2015.

Counsel for ESG seeks this extension of time to be able to prepare a cogent

and succinct brief to aid this Court in its analysis of the issues presented. This

request is not sought for delay but so that justice may be done.

Counsel for ESG has conferred with Michael W. Huddleston, counsel for the

Defendant/Appellee, and he has indicated that his client does not oppose this

motion.

All facts recited in this motion are within the personal knowledge of the

counsel signing this motion, therefore no verification is necessary under Texas

Rule of Appellate Procedure 10.2.

PRAYER FOR RELIEF For the reasons set forth above, Appellant requests that this Court grant this

Unopposed First Motion to Extend Time to File Appellant’s Brief and extend the

deadline for filing the Appellant’s Brief up to and including April 10, 2015. ESG

requests all other relief to which it may be entitled.

Respectfully submitted, By: /s/ Weston M. Davis Texas Bar No. 00791985 GZiegler@MacdonaldDevin.com Steven R. Baggett Texas Bar No. 01510680 GZiegler@MacdonaldDevin.com Weston M. Davis WDavis@MacdonaldDevin.com 214.744.3300 telephone 214.747.0942 facsimile Attorneys for Appellant Elness, Swenson, Graham Architects, Inc. ERTIFICATE OF S ERVICE The undersigned attorney certifies that a true and correct copy of the

foregoing Unopposed First Motion to Extend Time to File Appellant’s Brief was

served on all counsel of record in accordance with the Texas Rules of Appellate

Procedure via e-Filing, on February 25, 2014.

/s/ Weston M. Davis Weston M. Davis ERTIFICATE OF C ONFERENCE Pursuant to Tex. R. App. P. 10.1(5), I certify that counsel of ESG conferred

with opposing counsel who indicated that his client does not oppose this motion.

/s/ Weston M. Davis Weston M. Davis