Appellee’s Unopposed Motion for

Extension of Time To File Appellee Brief Page 1 NO. 03 -15 -00596- CV

IN THE COURT OF APPEALS

THIRD DISTRICT OF TEXAS, AUSTIN

GRACY WOODS I NURSING HOME

Appellant,

v.

MARTHA MAHAN, AS REPRESENTATIVE

OF THE ESTATE OF MARY RIVERA

Appellee.

ON INTERLOCUTORY APPEAL FROM

THE 250 TH JUDICIAL DISTRICT, TRAVIS COUNTY, TEXAS

APPELLEE’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE

APPELLEE BRIEF

JACK MODESETT

STATE BAR NO. 14244337

WALTER V. WILLIAMS

STATE BAR NO. 21584800

MODESETT WILLIAMS, PLLC

515 CONGRESS AVENUE, SUITE 1650

AUSTIN, TEXAS 78701

(512) 472-6097 TELEPHONE

(512) 481-0130 FACSIMILE

ATTORNEYS FOR APPELLEE ACCEPTED

03-15-00596-CV

7879540

THIRD COURT OF APPEALS

AUSTIN, TEXAS

11/18/2015 10:08:28 AM

JEFFREY D. KYLE

CLERKAppellee’s Unopposed Motion for

Extension of Time To File Appellee Brief Page 2 TO THE HONORABLE COURT OF APPEALS:

1. In accordance with TEX. R. APP. P. 10.5(b)(1) Appellee Martha Mahan, as

Representative of the Estate of Mary Rivera brings this unopposed request for an extension of time

to file Appellee’s Brief.

2. This motion is Appellee’s first request for extension of time to file its Brief.

3. Appellee’s deadline to file its brief is currently November 30, 2015.

4. Appellee seeks a 14 day extension. If granted, Appellee’s deadline to fi le its Brief

would be December 14, 2015.

5. Appellee requests the extension due to appellee counsel’s commitments in other

matters, which will affect counsel’s ability to devote a sufficient amount of time to file Appellee’s

Brief.

6. Counsel for Appella nt does not object to Appellee’s request for a 14 day extension

of time to file Appellee’s Brief.

7. Appellee does not seek this extension of time for the sole purpose of delay but so

that justice may be done.Appellee’s Unopposed Motion for

Extension of Time To File Appellee Brief Page 3 PRAYER

WHEREFORE, PREMISES CONSIDERED, App ellee Martha Mahan, as Representative

of the Estate of Mary Rivera, respectfully requests that this Court grant an additional fourteen days

from November 30, 2015 to December 14, 2015 for Appellee to file its Brief.

Respectfully Submitted,

MODESETT WILLIAMS, P LLC

2202 Lake Austin Boulevard

Austin, Texas 78703

512.472.6097 Telephone

512.481.0130

– Telecopier

By:

Walter V. Williams

Texas Bar No. 21584800

Jack H. Modesett, III

Texas Bar No. 14244337

Attorneys for Plaintiffs

CERTIFICATE OF CONFERENCE

Counsel for Appellee conference with counsel for Appellee concerning this request for a

14 day extension via email on November 12 , 2015. Counsel for Appellee does not oppose the

request.

Walter V. WilliamsAppellee’s Unopposed Motion for

Extension of Time To File Appellee Brief Page 4 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

electronically and via facsimile to the following counsel of record on thi s 18 th day of November,

2015 :

Emily Davenport (612) 660

- 5979

Reed, Claymon, Meeker & Hargett, PLLC

5608 Parkcrest Drive, Suite 200

Austin, Texas 78731

edavenport@rcmhlaw.com

Walter V. Williams