Cause No. 04-15-00049-CV
Morningside Ministries, d/b/a Morni ngside § In the Court of Appeals Ministries at the Manor and the Morningside § Ministries Foundation, Inc., § Appellants, § § —versus— § Fourth Court of Appeals District § Rosa Lee Rodriguez, as Next Friend of § Flora Mendez, § Appellee. § San Antonio, Texas

U NOPPOSED F IRST M OTION FOR E XTENSION OF T IME TO F ILE B RIEF OF A PPELLEE

TO THE HONORABLE JUSTIC ES OF SAID COURT:
NOW COMES Appellee Rosa Lee Rodriguez, as Next Friend of Fl ora Mendez, and files
this motion asking that this Court extend the deadline to file the Brief of Appellee by thirty days,
and would respectfully show the Court as follows:
A. Factual and Procedural History
1. The case is on appeal from the 166th Judici al District Court, Bexar County, Texas.
2. The style and number of the case in the trial court was Rosa Lee Rodriguez, as Next
Friend of Flora Mendez v. Mornin gside Ministries, d/b/a Mornings ide Ministries at the Manor
and the Morningside Ministries Foundation, Inc. , Bexar County District Court Cause No. 2014-

CI-07530.
3. This is an interlocutory appeal from an order denying a motion to dismiss filed under

section 74.351 of the Texas Civil Practice and Remedies Code.
4. The present deadline for A ppellee to file her brief in this case is July 6, 2015. ACCEPTED 04-15-00049-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 7/2/2015 9:09:51 AM KEITH HOTTLE CLERK2 B. Argument and Authorities
5. This Court has the authority to grant a motion to extend the deadline to file a party’s brief
under Texas Rule of Appe llate Procedure 10.5(b).
6. Appellee seeks an extensi on of time of thirty (30) days—until August 5, 2015—to file

her brief.
7. Counsel for Appellee has had other dead lines—deadlines that existed when the
Appellants filed their brief in this case—that prevented her from immedi ately beginning work on
this brief, including:

 June 1 – June 3, 2015- traveled to New Orl eans for an oral argument in Fifth Circuit Cause No. 14-20588; W. Steve Smith. v. Judy Robbins, et al. ;

 June 4, 2015- attended hearing on Objections to Motion for Summary Judgment in Bexar County District Court Cause No. 2013-CI-14814; Thomas Jenkins v. Xpress Transportation, Inc., et al. ;

 June 7 – June 13, 2015- traveled to Florida for a pre-paid vacation;

 June 17, 2015- filed Response to Motion for Summary Judgment in Bexar County District Court Cause No. 2013-CI-14814; Thomas Jenkins v. Xpress Transportation, Inc., et al. ;

 June 22, 2015- filed Reply Brief of Appellant in Fourth Court of Appeals Cause No. 04- 14-00514-CV; IN the Interest of R.E.S. and R.K.S. ;

 June 26, 2015- attended hearing on Motio n for Summary Judgment in Bexar County District Court Cause No. 2013-CI-14814; Thomas Jenkins v. Xpress Transportation, Inc., et al. ;

 June 29, 2015- filed Reply Brief of Appellant in Thirteenth Court of Appeals Cause NO. 13-15-00097-CV; Timothy D. Raub, et al. v. Gate Guard Services, L.P., et al. ;

 July 2, 2015- filed Reply Brief of Appellant in Fourth Court of Appeals Cause No 04-14- 00679-CV; Jay Kay Bear, Ltd. v. Patty Martin ; 8. This is the first motion for extension of the deadline to file the Appellee’s brief filed in

this case.3 9. 

### This extension is not sought for the purposes of delaying this appeal, but so that
justice may be done.
C. Conclusion and Prayer
10. For the foregoing reasons, Appellee Rosa Le e Rodriguez, as Next Friend of Flora
Mendez respectfully request that this Court gran t this Unopposed First Motion for Extension of
Time to File The Brief of Appellee, and extend the deadline filing that brief until August 5, 2015.

Respectfully submitted,

/s/ Beth Watkins Beth Watkins State Bar No. 24037675 L AW O FFICE OF B ETH W ATKINS 926 Chulie Drive San Antonio, Texas 78216 (210) 225-6666—phone (210) 225-2300—fax Beth.Watkins@WatkinsAppeals.com

C OUNSEL FOR A PPELLEE R OSA L EE R ODRIGUEZ , AS N EXT F RIEND OF F LORA M ENDEZ4 C ERTIFICATE OF C ONFERENCE I hereby certify that on July 1, 2015, I e-mailed Nissa M. Dunn, Counsel for Appellant. On July 1, 2015, Ms. Dunn responded that, on beha lf of her client, she was unopposed to this motion.

/s/ Beth Watkins Beth Watkins

C ERTIFICATE OF S ERVICE I hereby certify that on July 2, 2015, a true and correct copy of the foregoing Unopposed First Motion for Extension of Time to File Br ief of Appellee was elec tronically served on the following counsel of record:

Nissa M. Dunn H OUSTON D UNN 4040 Broadway, Suite 440 San Antonio, Texas 78209 nissa@hdappeals.com

C OUNSEL FOR A PPELLANT

/s/ Beth Watkins Beth Watkins

C OUNSEL FOR A PPELLEE R OSA L EE R ODRIGUEZ , AS N EXT F RIEND OF F LORA M ENDEZ