1 No. 01- 14 -00508- CV IN THE 

# 1 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 M otion 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

CLERK2

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 2 4 , 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 ma y be done. Counsel for Amerisure h as/had the following hearing s scheduled:

 Oral argument before the Texas Supreme Court on March 26, 2015 in Cause
No. 14

- 0272, SeaBright Insurance Com pany 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 Doc ket 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 Insuran ce, Division of Workers’ Compensation on April 1, 2015 in El Paso, Texas.3

 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 Insu rance, Division of Workers’ Compensation in Houston, Texas.

 Motion for Summary Judgment hearing before the 162 nd 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 169 th 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 136 th 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 administr ative 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.4

 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 Nuec es 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 r espectfully requests the Court grant this Motion and for all other relief to which it may be entitled.5 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 CONFE RENCE
I certify that Appellee confer red 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 certi fy 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. Brennan6 CERTIFICATE OF SERVI CE 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