ACCEPTED 04-15-00061-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 2/11/2015 9:02:49 AM KEITH HOTTLE CLERK

No. 04-15-00061-CV FILED IN IN THE COURT OF APPEALS 4th COURT OF APPEALS SAN ANTONIO, TEXAS FOURTH COURT OF APPEALS JUDICIAL DISTRICT 2/11/2015 9:02:49 AM SAN ANTONIO, TEXAS KEITH E. HOTTLE Clerk RAVI BOTLA, M.D., Appellant vs. SALVADOR DEL TORO, JR., Appellee NOTICE OF APPEARANCE OF APPELLATE COUNSEL & UNOPPOSED MOTION FOR FIVE-DAY EXTENSION OF TIME TO FILE RESPONSE TO PETITION FOR PERMISSIVE APPEAL

TO THE JUSTICES: Ravi Botla, M.D. has petitioned this Court to appeal the denial of a summary judgment order. Salvador Del Toro, Jr. asks this Court and all parties in the case to take notice that he has retained appellate counsel: Kimberly S. Keller, Keller Stolarczyk PLLC, 234 West Bandera Road, No. 120, Boerne, Texas 78006, email: [email protected].

Botla filed his petition for permissive appeal on February 6, 2015. Del Toro’s response is due on February 16, 2015. Due to the short deadline allowed for the filing of a response to a petition for

-1- permissive appeal and Del Toro’s recent hiring of new counsel for purposes of appeal, Del Toro respectfully requests this Court to grant him a five-day extension of the response deadline, which would make his response due on February 23, 2015. This extension is needed to allow newly-retained appellate counsel to review the file, review the petition for permissive appeal, and prepare and file a response. Botla is unopposed to this extension request.

Respectfully submitted, KELLER STOLARCZYK PLLC West Bandera Road #120 Boerne, Texas 78006 Tele: 830.981.5000 Facs: 888.293.8580 /s/Kimberly S. Keller Kimberly S. Keller SBN: 24014182 www.kellsto.com Email: [email protected] George W. Mauzé, II MAUZÉ LAW FIRM 2632 Broadway, Suite 400S San Antonio, Texas 78215 Tele: 210.225.6262 Facs: 210354.3909 ATTORNEYS FOR DEL TORO

-2- CERTIFICATE OF CONFERENCE & SERVICE On February 10, 2015, Del Toro’s trial counsel, George Mauzé, of Mauzé Law Firm, conferred with opposing counsel, Diana L.

Faust, of Cooper & Scully, P.C., and was advised that Botla is unopposed to this Motion. On February 11, 2015, I served a copy of this Notice and Motion on those individuals listed below via this Court’s e-filing system or facsimile: Diana L. Faust Michelle E. Robberson COOPER & SCULLY, P.C.

900 Jackson Street, Suite 100 Dallas, Texas 75202 Brett B. Rowe Nicki K. Elgie EVANS, ROWE & HOLBROOK, P.C.

10101 Reunion Place, Suite 900 San Antonio, Texas 78216 /s/Kimberly S. Keller Kimberly S. Keller

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