4848-6269-1094.2

NO. 12-14-00357-CV

IN THE COURT OF APPEALS FOR THE TWELFTH DISTRICT

AT TYLER, TEXAS

PINECREST SNF, LLC D/B/A PINECREST

NURSING & REHABILITATION CENTER,

Appellant,

v.

TASCO BAILEY, NATHAN BAILEY, CURLIE BAILEY, ROY BAILEY,

BILL BAILEY, JAMES BAILEY, EARL BAILEY, MARY DUNLAP AND LICILLE

MARTIN, AS HEIRS OF ARCHIE BAILEY,

Appellees.

On Interlocutory Appeal from the

114th Judicial District Court of Smith County, Texas

Cause No. 14-0856-B

The Honorable Christi Kennedy Presiding

APPELLANT’S MOTION FOR EXTENSION TO FILE REPLY BRIEF

NICHOL L. BUNN

State Bar No. 00790394

STEPHANIE F. ERHART

State Bar No. 24007180

LEWIS, BRISBOIS, BISGAARD

& SMITH, LLP

2100 Ross Avenue, Suite 2000

Dallas, Texas 75201

(214) 722-7100

(214) 722-7111 (fax)

ATTORNEYS FOR

PINECREST NURSING SNF, LLC

D/B/A PINECREST NURSING &

REHABILITATION CENTER

ACCEPTED

12-14-00357-CV

TWELFTH COURT OF APPEALS

TYLER, TEXAS

4/7/2015 3:36:20 PM

CATHY LUSK

CLERK

 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 4/7/2015 3:36:20 PM CATHY S. LUSK Clerk
4848-6269-1094.2

TO THE HONORABLE COURT OF APPEALS:

1. Pursuant to Rules 2, 10.5(b), and 38.6(d), Appellant Pinecrest Nursing

SNF, LLC d/b/a Pinecrest Nursing & Rehabilitation Center respectfully requests a 14-

day extension of time to file its reply brief. The brief is currently due on April 20,

2015. The requested extension would make the brief due on May 4, 2015. This is

Appellant’s first request for extension of time to file its reply brief.

2. Appellees have indicated that they will not oppose this extension.

3. Appellee requests this extension of time to permit its counsel adequate

time to prepare a brief that will be as helpful to the Court as possible. The additional

time is necessary because:

(a) Stephanie Erhart, appellate counsel for Appellant will be out of the country

from April 9, 2015 through April 19, 2015 in Italy.

(b) In addition, Mrs. Erhart has been occupied on other matters since Appellees

filed their brief, which has limited her ability to dedicate the necessary time to

preparing Appellant’s reply brief.

(c) Once the brief is completed, it will be subject to review and approval by

client representatives for Appellant. This will add to the amount of time necessary to

prepare and finalize the brief before it can be filed.
4848-6269-1094.2

WHEREFORE, Appellant Pinecrest Nursing SNF, LLC d/b/a Pinecrest Nursing

& Rehabilitation Center respectfully requests that this Court extend the deadline for its

reply brief to May 4, 2015. Appellant further requests general relief.

Respectfully submitted,

Nichol L. Bunn

State Bar No. 00790394

Nichol.Bunn@lewisbrisbois.com

Stephanie F. Erhart

State Bar No. 24007180

Stephanie.Erhart@lewisbrisbois.com

LEWIS, BRISBOIS, BISGAARD & SMITH, LLP

2100 Ross Avenue, Suite 2000

Dallas, Texas 75201

(214) 722-7100

(214) 722-7111 (fax)

ATTORNEYS FOR PINECREST NURSING

PINECREST SNF, LLC D/B/A PINECREST

NURSING & REHABILITATION CENTER
4848-6269-1094.2

CERTIFICATE OF SERVICE

Pursuant to TEX. R. CIV. P. 21a and TEX. R. APP. P. 25.1 (e), I hereby certify

that a true and correct copy of the foregoing instrument has been served upon the

following counsel of record on April 7, 2015:

Robert M. Wharton

MCIVER BROWN LAW FIRM

JP Morgan Chase Bank Building

712 Main Street, Suite 800

Houston, Texas 77002

(832) 767-1673

(832) 767-1783 (fax)

firm@mciverbrown.com

STEPHANIE ERHART