American Multi-Cinema, Inc.// Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas// Cross-Appellee, American Multi-Cinema, Inc.

Court of Appeals of Texas·Decided May 11, 2015·No. 03-14-00397-CV·Published

Opinion

ACCEPTED 03-14-00397-CV 5225674 THIRD COURT OF APPEALS AUSTIN, TEXAS 5/11/2015 10:31:17 AM JEFFREY D. KYLE CLERK No. 03-14-00397-CV ____________________________________________________ FILED IN In the Court of Appeals 3rd COURT OF APPEALS AUSTIN, TEXAS for the Third Judicial District 5/11/2015 10:31:17 AM JEFFREY D. KYLE Austin, Texas Clerk ____________________________________________________

American Multi-Cinema, Inc., Appellant/Cross-Appellee,

Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of Texas, Appellees/Cross-Appellants. ____________________________________________________

On Appeal from the 200th Judicial District Court Travis County, Texas

____________________________________________________

Appellees’/Cross-Appellants’ Unopposed Motion for Extension of Time to File a Motion for Rehearing and/or Reconsideration En Banc ____________________________________________________

To the Honorable Third Court of Appeals:

Appellees/Cross-Appellants Glenn Hegar, Comptroller of Public Accounts of

the State of Texas, and Ken Paxton, Attorney General of the State of Texas, file this

unopposed motion under Rule 49.8 and 10.5(b) requesting that the time for filing a

motion for rehearing and/or reconsideration en banc be extended for fourteen days,

Appellees’ Motion for Extension of Time to File a Motion for Rehearing Page 1 from May 15, 2015 (the current due date) to May 29, 2015, and in support show as

follows:

1. The Court rendered judgment on April 30, 2015.

2. Per Tex. R. App. P. 49.1, Appellees’ motion for rehearing and/or

reconsideration en banc is due within 15 days of the Court’s judgment on May 15,

2015.

3. Per Tex. R. App. P. 49.8, Appellees timely request an additional 14 days to

file a motion for rehearing and/or reconsideration en banc, extending the time to file

to May 29, 2015.

4. Appellees have not previously requested to extend the time to file their motion

for rehearing and/or reconsideration en banc.

5. Good cause exists to grant this request. This is a case of substantial importance

to the State, and for that reason, it requires additional time to review the opinion and

and fully brief the State’s reasons for seeking rehearing and/or reconsideration en

banc.

6. This extension is not being sought for purposes of delay but rather so that a

thorough and clear motion for rehearing and/or reconsideration en banc may be

presented to the Court.

7. Appellant/Cross-Appellee is not opposed to this motion.

Appellees’ Motion for Extension of Time to File a Motion for Rehearing Page 2 8. Wherefore, Appellees/Cross-Appellants Glenn Hegar, Comptroller of Public

Accounts of the State of Texas, and Ken Paxton, Attorney General of Texas, request

that this motion be granted, and that the time for filing a motion for rehearing and/or

reconsideration en banc be extended to May 29, 2015.

Respectfully submitted,

KEN PAXTON Attorney General

CHARLES E. ROY First Assistant Attorney General

JAMES E. DAVIS Deputy Attorney General for Civil Litigation

ROBERT O’KEEFE Division Chief Financial Litigation, Tax, and Charitable Trusts Division

/s/Charles K. Eldred CHARLES K. ELDRED Attorney-in-Charge Financial Litigation, Tax, and Charitable Trusts Division State Bar No. 00793681 P.O. Box 12548 Austin, Texas 78711-2548 512-475-1743 512-477-2348 (fax) charles.eldred@texasattorneygeneral.gov

Attorneys for Appellees

Appellees’ Motion for Extension of Time to File a Motion for Rehearing Page 3 CERTIFICATE OF CONFERENCE

I certify that conferred with Doug Sigel, counsel for Appellant/Cross- Appellee, and he does not oppose this Motion:

/s/Charles K. Eldred Charles K. Eldred

CERTIFICATE OF SERVICE

I certify that a copy of this document was served on May 11, 2015 on Doug Sigel, counsel for Appellant/Cross-Appellee, to doug.sigel@ryanlawllp.com.

/s/Charles K. Eldred Charles K. Eldred

Appellees’ Motion for Extension of Time to File a Motion for Rehearing Page 4

Free access — add to your briefcase to read the full text and ask questions with AI

American Multi-Cinema, Inc., Appellant/Cross-Appellee,

On Appeal from the 200th Judicial District Court Travis County, Texas

____________________________________________________

Appellees’/Cross-Appellants’ Unopposed Motion for Extension of Time to File a Motion for Rehearing and/or Reconsideration En Banc ____________________________________________________

To the Honorable Third Court of Appeals:

Appellees/Cross-Appellants Glenn Hegar, Comptroller of Public Accounts of

the State of Texas, and Ken Paxton, Attorney General of the State of Texas, file this

unopposed motion under Rule 49.8 and 10.5(b) requesting that the time for filing a

motion for rehearing and/or reconsideration en banc be extended for fourteen days,

Appellees’ Motion for Extension of Time to File a Motion for Rehearing Page 1 from May 15, 2015 (the current due date) to May 29, 2015, and in support show as

follows:

1. The Court rendered judgment on April 30, 2015.

2. Per Tex. R. App. P. 49.1, Appellees’ motion for rehearing and/or

reconsideration en banc is due within 15 days of the Court’s judgment on May 15,

2015.

3. Per Tex. R. App. P. 49.8, Appellees timely request an additional 14 days to

file a motion for rehearing and/or reconsideration en banc, extending the time to file

to May 29, 2015.

4. Appellees have not previously requested to extend the time to file their motion

for rehearing and/or reconsideration en banc.

5. Good cause exists to grant this request. This is a case of substantial importance

to the State, and for that reason, it requires additional time to review the opinion and

and fully brief the State’s reasons for seeking rehearing and/or reconsideration en

banc.

6. This extension is not being sought for purposes of delay but rather so that a

thorough and clear motion for rehearing and/or reconsideration en banc may be

presented to the Court.

7. Appellant/Cross-Appellee is not opposed to this motion.

Appellees’ Motion for Extension of Time to File a Motion for Rehearing Page 2 8. Wherefore, Appellees/Cross-Appellants Glenn Hegar, Comptroller of Public

Accounts of the State of Texas, and Ken Paxton, Attorney General of Texas, request

that this motion be granted, and that the time for filing a motion for rehearing and/or

reconsideration en banc be extended to May 29, 2015.

Respectfully submitted,

KEN PAXTON Attorney General

CHARLES E. ROY First Assistant Attorney General

JAMES E. DAVIS Deputy Attorney General for Civil Litigation

ROBERT O’KEEFE Division Chief Financial Litigation, Tax, and Charitable Trusts Division

Attorneys for Appellees

Appellees’ Motion for Extension of Time to File a Motion for Rehearing Page 3 CERTIFICATE OF CONFERENCE

I certify that conferred with Doug Sigel, counsel for Appellant/Cross- Appellee, and he does not oppose this Motion:

/s/Charles K. Eldred Charles K. Eldred

CERTIFICATE OF SERVICE

I certify that a copy of this document was served on May 11, 2015 on Doug Sigel, counsel for Appellant/Cross-Appellee, to doug.sigel@ryanlawllp.com.

/s/Charles K. Eldred Charles K. Eldred

Appellees’ Motion for Extension of Time to File a Motion for Rehearing Page 4

Pincite

American Multi-Cinema, Inc.// Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas// Cross-Appellee, American Multi-Cinema, Inc. (American Multi-Cinema, Inc.// Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas// Cross-Appellee, American Multi-Cinema, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.