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 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 

___________________________________________________ 

APPELLEE’S UNOPPOSED MOTION FOR EXTENSION 

OF TIME TO FILE BRIEF

TO THE HONORABLE COURT OF APPEALS:

Comes now Appellant, Osvaldo Peralta and pursuant to Tex. R. App. P. 38.6(a) 

and (d), 10.5(b) and moves this Court to modify the filing time for Appellee’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 224th Judicial 

District Court of Bexar County, Texas. 

ACCEPTED

04-15-00254-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

6/15/2015 6:04:18 PM

KEITH HOTTLE

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 6/15/2015 6:04:18 PM KEITH E. HOTTLE Clerk
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II.

Appellant, the 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 City 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 Appellee’s first motion for 

extension of time to file its brief. No unreasonable delay will result by the granting of 

this Motion. Appellee requests an extension of time of thirty (30) days within which to 

file his brief. If granted, Appellee’s brief will be due on July 27, 2015. 

IV.

This extension of time is necessary because of the heavy trial and appellate 

workload of Appellee’s attorney of record, Robert W. Clore. The facts relied on by 

Appellee to reasonably explain its need for an extension of time within which to file its

brief are as follows:

1. In addition to the specific matters set forth below, Counsel for Appellee has 

multiple additional commitments which interfere with counsel’s ability to timely file 

Appellee’s brief; 
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2. Counsel for Appellee is working 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. Counsel 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. Counsel 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 the United States District Court for the Southern District of Texas, 

McAllen Division.

V.

For the above and foregoing reasons, Appellee respectfully requests an extension 

of time of thirty (30) days or until July 27, 2015 within which 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 communicated with Deborah Lynne Klein, Attorney for the City of 

San Antonio, and Clarissa M. Rodriguez, Attorney for the San Antonio River Authority, on

June 15, 2015, and they indicated that they do not oppose this Motion.
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WHEREFORE, premises considered, Appellee, Osvaldo Peralta, prays that this 

Court modify the filing time for Appellee’s brief by granting an extension of time of 

thirty (30) days or until July 27, 2015, within which to file its brief. Appellee prays for 

such other and further relief both in 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 

PERALTA
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CERTIFICATE OF CONFERENCE

I, Robert W. Clore, certify that I communicated with Deborah Lynne Klein, Attorney

for Appellant, the City of San Antonio, 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 15th day of June, 2015.

Deborah 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