1 

### NO. 04- 15 -00254- CV
IN THE COURT OF APPEALS FOURTH JUDICIAL DISTRICT SAN ANTONIO, TEXAS

______________________________________________________

CITY OF SAN ANTONIO AND SAN ANTONIO RIVER AUTHORITY Appellants

vs. OLSVALDO PERALTA Appellee

___________________________________________________ 

### APPELL EE ’S UNOPPOSED MOTION FOR EXTENSION

OF TIME TO FILE BRIEF

TO THE HONORABLE COURT OF APPEALS: Comes now Appell ant , 

### Osvaldo Peralta an d pursuant to Tex. R. App. P. 38.6(a )
and (d), 10.5(b) and moves this Court to modify the filing time for Appell ee ’ s Brief by extending the time within which such brief may be filed and in support thereof would show the following:
I. This is an appeal from a case styled Osvaldo Peralta v. City of San Antonio and San Antonio River Authority , Cause No . 2013- CI -16836, filed in the 224 th Judicial
District Court of Bexar Coun ty, Texas. ACCEPTED 04-15-00254-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 6/15/2015 6:04:18 PM KEITH HOTTLE CLERK2 II. Appellant, t he City of San Antonio, filed a Notice of Appeal on April 20, 2015

. Appellant, the San Antonio River Authority , filed its Notice of Appeal on May 8, 2015. This Court granted several unopposed motions for extension of time for both Appellants to file their Appellant’s Briefs. The San Antonio River Authority filed its Appellant’ s Brief on June 5, 2015 , and the Cit y of San Antonio filed its Appellant’s Brief on June 8,
2015

. Based on the filing of the first Appellant’s Brief, Appellee’s Brief in this interlocutory appeal is due on June 25, 2015.
III.
This cause has not been set for submission. This is Appell ee ’ s first motion for

ex tension of time to file its brief. No unreasonable delay will result by the gra nting of this Motion. Appell ee request s an extension of time of thirty (30) days within which to
file his brief. If granted, Appell ee ’s brief will be due on July 27, 2015

. IV.
Th is extension of time is necessary because of the heavy trial and appellate workload of Appell ee ’s attorney of record , Robert W. C l ore
. The facts re lied on by Appell ee to reasonably explain its need for an extension of time with in which to file its
brief are as follows:
1. In addition to the specific matters set fo rth below, Counsel for Appell ee has multiple additional commitments which interfere with counsel’s ability to timely file Appell ee ’ s brief;3

2. Counsel for Appellee is worki ng on an appeal before this Court , on behalf of Appellee Carmella Guerrero, in the case styled Bexar County Civil Service
Commission v. Carmella Guerrero , Cause No. 04

- 12

- 00523

- CV

. 3. Couns el for Appellee is working on Appellant ’s Response to a Sur

- Reply
Brief in the case styled Columbia Valley Healthcare System L.P. v. Maria Zamarripa , Cause No. 13

- 04

- 00696

- CV , pending in the Thirteenth Court of Appeals

. 4. Counsel for Appellee participated in depositions on June 8, 2015 in the case styled Santa Juanita Fuentes, et al. v. Alfredo Franco, Jr. , Cause No. 2014

- CCV

- 61414

- 3 , pending in the County Court at Law Number 3 in Nueces County, Texas

. 5. Co unsel for Appellee is preparing a motion for summary judgment in the case styled Marco Leal v. Companion Commercial Insurance Company , Cause No. 7:15

- CV

- 00118 , pending in t he United States District Court for the Southern District of Texas,
McAllen Division.
V

. For the above and foregoing reasons, Appell ee respectfully request s a n extension
of time of thirty ( 30 ) days or until July 27, 2015 within wh ich to file its brief. This Motion is not sought for the purposes of delay but rather, so that justice may be done.
VI. The undersigned communicate d with Deborah Lynne Klein, Attorney for the City of
San Antonio, and Clarissa M. Rodriguez, Attorney for th e San Antonio River Authority, on June 15, 2015, and they indicated that they do not oppose this Motion

.4

WHEREFORE, premises considered, Appell ee , 

### Osvaldo Peralta , pray s that this Court modify the filing ti me for Appell ee ’ s brief by granting an extension of time of thirty ( 30 ) days or until July 27, 2015, within which to file its brief . Appellee pray s for
such other and further relief both i n law and in equity to which he may be justly entitled

to receive.

Respectfully submitted,

/s/ Robert W. Clore

_______ Robert W. Clore State Bar No. 24012436 15481 South Padre Island Drive Suite 101 Corpus Christi , Texas 78418 Telephone: (361) 558

- 3527 Facsimile: (361) 654

- 7001 rclore@robclorelaw.com Corbin L. Snow, III State Bar No. 18809100 310 West Sunset San Antonio, TX 78209 Telephone: ( 210) 820

- 0020 Facsimile: ( 210) 820

- 0019 corbinsnow@thesnowlawfirm.com

ATTORNEYS FOR APPELLEE , OSVALDO PERALTA5 CERTIFICATE OF CONFERENCE I, Robert W. Clore , certify that I communicated with Deborah Lynne Klein, Attorney for Appellant, the City of San Anto nio , and Clarissa M. Rodriguez, Attorney for Appellant, the San Antonio River Authority , on June 15, 2015, and they indicated that they do not oppose
this Motion

.

/s/ Robert W. Clore

_______ ROBERT W. CLORE

CERTIFICATE OF SERVICE This is to certify that the above and foregoing instrument has been forwarded to counsel as indicated below on this the 15 th day of June , 201 5

.

Debor ah Lynne Klein, Attorney for the City of San Antonio, Deborah.Klein@sanantonio.gov Clarissa M. Rodriguez, Attorney for the San Antonio River Authority, clarissa.rodriguez@rampage

- sa.com Corbin L. Snow, III, Trial Attorney for Appellant Osvaldo Peralta, corbinsnow@thesnowlawfirm.com

VIA E
- FILING
/s/ Robert W. Clore

_______ Robert W. Clore