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NO. 04-14-00358-CV

___________________________________________________________________

IN THE FOURTH COURT OF APPEALS 

SAN ANTONIO, TEXAS 

___________________________________________________________________

JUANITA SPRUTE, M.D. and JEFFERSON FAMILY PRACTICE ASSOCIATES, 

Appellants and Cross-Appellees

v.

ARNOLD L. LEVEY, 

Appellee and Cross-Appellant

___________________________________________________________________

APPELLANTS AND CROSS-APPELLEES’ SECOND

MOTION FOR EXTENSION OF TIME TO FILE BRIEFS 

___________________________________________________________________

TO THE HONORABLE JUSTICES OF THE FOURTH COURT OF APPEALS: 

NOW COME JUANITA SPRUTE, M.D. (“DR. SPRUTE”) and JEFFERSON 

FAMILY PRACTICE ASSOCIATES (“JFPA”), Appellants and Cross-Appellees

(hereinafter also referred to as “Appellants”), and file this their Second Motion for 

Extension of Time to File Briefs to Appellee and Cross-Appellant’s (hereinafter also 

referred to as “Appellee”) brief pursuant to Texas Rules of Appellate Procedure 10.1 

and 38.6(d). In support thereof Appellants would unto show the honorable Fourth 

Court of Appeals as follows:

ACCEPTED

04-14-00358-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

3/1/2015 10:01:03 PM

KEITH HOTTLE

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 03/1/2015 10:01:03 PM KEITH E. HOTTLE Clerk
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I.

BACKGROUND

On August 12, 2014, Appellants, DR. SPRUTE and JFPA filed their 

appellant’s brief in support of the issues they raise on appeal before this Court of 

Appeals. Following four (4) extensions Appellee, ARNOLD L. LEVEY on January 

12, 2015 filed his initial brief. The foregoing responded to DR. SPRUTE and JFPA’s 

appellant’s brief and addressed the issues Mr. Levey raises on appeal. Based on

the foregoing, DR. SPRUTE and JFPA’s reply brief with respect to MR. LEVEY’s 

appellee brief was initially due on February 2, 2015. Additionally, DR. SPRUTE and 

JFPA’s cross-appellee’s brief was initially due on February 11, 2015. Subsequently,

on February 2, 2015 an extension was granted for each respective deadline. 

Presently, Appellants’ reply brief is due on March 3, 2015 and their Cross-Appellee 

brief is due on March 13, 2015.

II.

APPLICABLE DEADLINES & REQUEST FOR EXTENSION

Appellants, DR. SPRUTE and JFPA request a thirty (30) day extension of time 

to file their reply brief and cross-appellee brief. This would make DR. SPRUTE and 

JFPA’s reply brief due on April 2, 2015, and their cross-appellee brief due on April

12, 2015. 

In support of the extensions requested, counsel for Appellants, DR. SPRUTE 

and JFPA, relies on the following reasons in addition to the routine matters that he 
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must attend to in his normal daily practice:

1. Appellants’ counsel is presently trying a complicated medical 

malpractice case with multiple out-of-town expert witnesses. 

Additionally, trial in this matter is projected to last until the end of this 

week, and will consume significant amounts of counsel’s time through 

March 6, 2015.

2. In addition to the above, Appellants’ counsel has continued to 

experience an influx of legal matters assigned to him including matters 

pending before the Texas Medical Board, which must be addressed this 

week. The combination of these matters will require substantial time 

and effort by Appellants’ counsel to address. 

3. Pursuant to Texas Rule of Appellate Procedure 10.1(a)(5) Appellants’ 

counsel has previously attempted to confer with opposing counsel in 

order to determine if an agreement could be reached with regard to the 

extension of time sought herein. However, opposing counsel could not 

be reached by telephone. Accordingly, Appellants’ counsel cannot 

represent that this motion is unopposed. 

4. The motion is not made for the purpose of delay only, but is made in 

the interest of justice.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellants and Cross-Appellees,

JUANITA SPRUTE, M.D. and JEFFERSON FAMILY PRACTICE ASSOCIATES
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respectfully pray this Honorable Court of Appeals grant their Second Motion for 

Extension of Time to File a reply brief and cross-appellee brief as requested in the 

same, and for such other and further relief, at law or in equity, to which they might 

show themselves justly entitled.

Respectfully submitted,

BOONE, ROCHELEAU & RODRIGUEZ, P.L.L.C.

10101 Reunion Place, Suite 600

San Antonio, Texas 78216

Telephone: (210) 477-7438

Fax: (210) 477-7388

/s/ Alexander Rodriguez III

___________________________________

LISA A. ROCHELEAU

State Bar No. 00791546 

lrocheleau@br-lawfirm.com

ALEXANDER RODRIGUEZ III

State Bar No. 24030001

arodriguez@br-lawfirm.com

ATTORNEYS FOR APPELLANTS AND 

CROSS-APPELLEES
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CERTIFICATE OF SERVICE

I hereby certify that on this 1

st day of March, 2015 I have caused a true and 

correct copy of the foregoing instrument to be delivered to the following:

Arnold L. Levey

Law Offices of Arnold L. Levey

P.O. Box 460064

San Antonio, Texas 78246

Appellee and Cross-Appellant/

Attorney for Appellee and Cross-Appellant 

/s/ Alexander Rodriguez III

___________________________________

ALEXANDER RODRIGUEZ III