1 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 ’ S ECOND 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 (her einafter also referred to as “Appellants”) , and file this their S econd 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 CLERK2 I.
BACKGROUND
On August 12, 201 4, 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 w as 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 A pril 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 he3

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’ cou nsel 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 substan tial time and effort by Appellants’ counsel to address

. 3. Pursuant to Texas Rule of Appellate Procedure 10.1(a)(5) Appellant s’
counsel has previously attempted to confer with opposing counsel in order to determine if an agreement c ould 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 de lay 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 ASSOCIATES4

respectfully pray this Honorable Court of Appeals grant their S econd Motio n 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 & RO DRIGUEZ , P.L.L.C. 10 101 Reunion Place, Suite 600 San Antonio, T exas 78216 Telephone: (210) 477

- 7438 Fax: (210) 477

- 7388

/s/ A lexander 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 - APPELLEES5 CERTIFICATE OF SERVICE I hereby certify that on this 1 st day of March , 201 5 I have caused a true and correct copy of the forego ing 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/ A lexander Rodriguez III

______ _____________________________ ALEXANDER RODRIGUEZ III