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No. 01-14-00508-CV

IN THE 

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st Court of Appeals 

Houston,Texas 

______________________ 

FRANCISCO CHAMUL, 

Appellant, 

v.

AMERISURE MUTUAL INSURANCE CO., 

Appellee. 

______________________ 

APPELLEE’S UNOPPOSED MOTION FOR 

EXTENSION OF TIME TO FILE BRIEF 

TO THE HONORABLE FIRST COURT OF APPEALS: 

 COMES NOW, Amerisure Mutual Insurance Co., Appellee, (“Amerisure”) 

and files this Unopposed Motion for Extension of Time to File its Brief and in 

support thereof respectfully shows the following:. 

A. Introduction 

1. This is an appeal from a final judgment rendered in the trial court. 

This is Amerisure’s first Motion for Extension of Time to file its Brief. 

ACCEPTED

01-14-00508-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

4/10/2015 3:48:13 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 4/10/2015 3:48:13 PM CHRISTOPHER A. PRINE Clerk
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2. Appellant filed his Brief on February 13, 2015. Amerisure’s Brief is 

presently due to be filed on or before April 14, 2015. A previous 30 day extension 

was granted to Amerisure.

3. This Motion seeks an extension of time of ten (10) days, up to and 

including April 24, 2015 for Amerisure to file its Brief on the Merits.

B. Bases for Extension

5. Amerisure requests this extension not for purpose of delay, but so that 

justice may be done. Counsel for Amerisure has/had the following hearings

scheduled:

 Oral argument before the Texas Supreme Court on March 26, 2015 in Cause 

No. 14-0272, SeaBright Insurance Company v. Lopez.

 An administrative contested case hearing in Docket No. DN-15-147701-01-

CC-DN41 before the Texas Department of Insurance, Division of Workers’ 

Compensation on March 30, 2015 in Denton, Texas.

 An administrative benefit review conference in Docket No. 1324540-03-BR 

before the Texas Department of Insurance, Division of Workers’ 

Compensation on March 31, 2015 in Waco, Texas.

 An administrative medical contested case hearing in Docket No. E1-

06144769-01-CC-EP46 before the Texas Department of Insurance, Division 

of Workers’ Compensation on April 1, 2015 in El Paso, Texas.
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 Lead Counsel Dana M. Gannon had jury duty on April 6, 2015.

 An administrative contested case hearing in Docket No. 14141582-03-CC on 

April 7, 2015 before the Texas Department of Insurance, Division of 

Workers’ Compensation in Houston, Texas.

 Motion for Summary Judgment hearing before the 162nd Judicial District 

Court of Dallas County, Texas on April 7, 2015 in Cause No. 13-00583, 

styled Reyna v. Highlands Ins. Co.

 An administrative contested case hearing on April 9, 2015 in Docket No. 

14254321 before the Texas Department of Insurance, Division of Workers’ 

Compensation in Waco, Texas.

 Motion for Summary Judgment hearing before the 169th Judicial District 

Court of Bell County, Texas on April 10, 2015 in Cause No. 238-511-C, 

Graham v. Highlands Ins. Co.

 A trial setting in the 136th Judicial District Court of Jefferson County, Texas 

(set for the entire month of April) in Cause No. D-194,275, styled Cogar v. 

SeaBright Ins. Co.

 An administrative benefit review conference on April 13, 2015 in Cause No. 

13247401-01-BR before the Texas Department of Insurance, Division of 

Workers’ Compensation in Houston, Texas.
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 An administrative contested case hearing on April 13, 2015 in Docket No. 

13236224-01-CC before the Texas Department of Insurance, Division of 

Workers’ Compensation in Houston, Texas.

 A Plea to Jurisdiction and Motion to Reinstate a Claim for Lifetime Income 

Benefits hearing on April 14, 2015 in County Court at Law No. 2 in Nueces 

County, Texas in Cause No. 2011-CCV-61218-2, styled Hawes v. Highlands 

Ins. Co.

 Lead Counsel Dana M. Gannon is departing April 15, 2015 for depositions 

scheduled out of state in in Cause No. 238-511-C, Graham v. Highlands Ins. 

Co.

C. Prayer

Amerisure respectfully requests the Court grant this Motion and for all other 

relief to which it may be entitled.
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Respectfully submitted,

By: /s/ Joy M. Brennan

SMITH & CARR, P.C.

Dana M. Gannon

State Bar No. 07623800

dgannon@smithcarr.com

Joy M. Brennan

State Bar No. 24040569

jbrennan@smithcarr.com

9235 Katy Freeway, Suite 

Houston, Texas 77024

Telephone: (713) 933-6700

Facsimile: (713) 933-6799

ATTORNEYS FOR APPELLEE,

AMERISURE MUTUAL INSURANCE 

CO.

CERTIFICATE OF CONFERENCE 

I certify that Appellee conferred with counsel for the Appellant on April 10, 

2015 and Appellant is unopposed to this motion.

/s/ Joy M. Brennan

Joy M. Brennan

CERTIFICATE OF COMPLIANCE

I certify that as counsel for Appellee that the number of words in this 

document is 782 as calculated by Microsoft Word.

/s/ Joy M. Brennan

Joy M. Brennan
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CERTIFICATE OF SERVICE

A true and correct copy of this Motion has been forwarded via E-Service to 

all counsel of record on April 10 2015, as follows:

Brad McClellan

Law Offices of Richard Pena, P.C.

1701 Directors Blvd., Suite 110

Austin, Texas 78744 Via E-Service

Larry Trimble

Trimble & Grantham

902 Heights Blvd.

Houston, Texas 77008 Via E-Service

/s/ Joy M. Brennan

Joy M. Brennan