CASE NO. 04-15-00136-CV

 

IN THE COURT OF APPEALS FOR THE

FOURTH JUDICIAL DISTRICT OF TEXAS

AT SAN ANTONIO, TEXAS

 

GERALD HARRINGTON, M.D.,

Appellant

vs.

SANDRA SCHROEDER AND DUANE J. RAMOS, INDIVIDUALLY AND

AS ALL HEIRS OF THE ESTATE OF SYLVIA RAMOS, DECEASED,

Appellees

 

 

APPEAL FROM CAUSE NUMBER 2014-CI-06284

288 JUDICIAL DISTRICT COURT, BEXAR COUNTY, TEXAS TH

JUDGE JOHN D. GABRIEL

 

APPELLANT GERALD HARRINGTON, M.D.’S

OPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF

 

TO THE HONORABLE FOURTH COURT OF APPEALS:

COMES NOW GERALD HARRINGTON, M.D., Appellant in the aboveentitled and numbered cause, and files this his Opposed Motion for Extension

of Time to File Brief, and for such motion would respectfully show unto this

Court the following:

ACCEPTED

04-15-00136-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

4/20/2015 6:57:39 PM

KEITH HOTTLE

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 4/20/2015 6:57:39 PM KEITH E. HOTTLE Clerk
APPELLANT GERALD HARRINGTON, M.D.’S OPPOSED 

MOTION FOR EXTENSION OF TIME TO FILE BRIEF - PAGE 2 OF 6

I.

BRIEF BACKGROUND

On or about March 10, 2015, Appellant Gerald Harrington, M.D. filed his

Notice of Appeal. The Reporter’s Record, consisting of three (3) volumes,

was filed on March 23, 2015. The Clerk’s Record, consisting of one (1)

Volume was filed on March 27, 2015.

On or about March 31, 2015, Appellant’s counsel received the Appellate

Record. Appellant’s Brief was due on or before April 16, 2016.

On or about April 20th, 2015, Appellant filed his Opposed Motion for

Extension of Time to File Brief. Appellant is requesting a five (5) day

extension of time.

II.

REQUEST FOR EXTENSION

This is Appellant’s first request for an extension of time. Appellant

requests an extension of time to file his brief for the reason that, in addition

to a busy litigation and appellate practice, Appellant’s counsel is working on

a reply to an Appellee’s Brief as well as two Appellant’s Briefs in two unrelated

appeals, in addition to handling numerous depositions, hearings and

preparing for a two (2) week medical negligence trial which will commence on
APPELLANT GERALD HARRINGTON, M.D.’S OPPOSED 

MOTION FOR EXTENSION OF TIME TO FILE BRIEF - PAGE 3 OF 6

April 27, 2015. 

While counsel attempted to complete the brief by the current deadline,

because of his busy trial and appellate schedule, counsel requires another

five (5) days in order to finish Appellant’s Brief. 

Therefore, Appellant is seeking an additional five (5) days in which to

file Appellant’s Brief, making Appellant’s Brief due on or before April 21, 2015.

III.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellant GERALD

HARRINGTON prays that this Court grant his Opposed Motion for Extension

of Time to File Brief and that this Court grant Appellant such other and further

relief to which he may be justly entitled.

Respectfully submitted,

HOLE & ALVAREZ, L.L.P. 

P. O. Box 720547

McAllen, Texas 78504-0547

Telephone: (956) 631-2891

Telecopier: (956) 631-2415

E-Mail: Mail@HoleAlvarez.com

By: /s/ Ronald G. Hole 

Ronald G. Hole

State Bar No. 09834200

ATTORNEYS FOR APPELLANT
APPELLANT GERALD HARRINGTON, M.D.’S OPPOSED 

MOTION FOR EXTENSION OF TIME TO FILE BRIEF - PAGE 4 OF 6

CERTIFICATE OF CONFERENCE

On or about April 17, 2015, the undersigned’s office contacted Byron

Miller, Counsel for Appellees. Mr. Miller has indicated that he is opposed to

Appellant’s motion for extension of time to file brief. 

 /s/ Ronald G. Hole 

Ronald G. Hole

CERTIFICATE OF COMPLIANCE

In compliance with Tex.R.App.P. 9.4(i)(3), I, Ronald G. Hole, hereby

certify that this Appellant Gerald Harrington, M.D.’s Opposed Motion for

Extension of Time to File Brief, excluding the sections to be excluded,

contains 737 words. I have relied on the word count of the computer program

used to prepare this document, WordPerfect X3®

 /s/ Ronald G. Hole 

Ronald G. Hole
APPELLANT GERALD HARRINGTON, M.D.’S OPPOSED 

MOTION FOR EXTENSION OF TIME TO FILE BRIEF - PAGE 5 OF 6

CERTIFICATE OF SERVICE

I, Ronald G. Hole, hereby certify that a true and correct copy of the

above Appellant Gerald Harrington, M.D.’s Opposed Motion for Extension of

Time to File Brief has, on this the 20 day of April 2015, been served via th

electronic transfer through an online filing service, to the following

counsel of record:

Attorneys for Plaintiffs/Appellees

Mr. Byron B. Miller

Mr. Michael D. Maloney

Ms. Erica O. Maloney

Law Offices of Pat Maloney, PC

322 W. Woodlawn Ave.,

San Antonio, Texas 78212

E-MAIL: Byron@maloneylawgroup.com

E-MAIL: Michaelm@maloneylawgroup.com

E-MAIL: Ericam@maloneylawgroup.com

Attorney for Defendants

PM Management – Windcrest NC, LLC 

d/b/a Trisun Care Center Windcrest

Ms. Emily J. Davenport

Reed, Claymon, Meeker

 & Hargett, P.C.

5608 Parkcrest Drive, Suite 200

Austin, Texas 78731

E-Mail: edavenport@rcmhlaw.com

Attorneys for Defendant

Setters Medical Group, P.A.

Mr. W. Richard Wagner

Wagner & Cario, LLP

7705 Broadway

San Antonio, Texas 78209

E-Mail: rwagner@wagnercario.com
APPELLANT GERALD HARRINGTON, M.D.’S OPPOSED 

MOTION FOR EXTENSION OF TIME TO FILE BRIEF - PAGE 6 OF 6

Attorneys for Defendants

Rodolfo Zarate, M.D. and

Zarate Medical Group, P.A.

Ms. Lisa A. Rocheleau

Boone, Rocheleau & Rodriguez, P.L.L.C.

10101 Reunion Place, Suite 600

San Antonio, Texas 78209

E-Mail: lrocheleau@br-lawfirm.com

/s/ Ronald G. Hole 

BCC:RAM-HAR\APP Ronald G. Hole