Antioch St. Johns Cemetery Company D/B/A American Memorial Park, Grand Prairie, Texas Gerald Weatherall And Beverly Randall-Weatherall v. Texas Department of Banking Commissioner

Opinion

ACCEPTED 03-15-00341-CV 7416715 THIRD COURT OF APPEALS AUSTIN, TEXAS 10/16/2015 3:23:56 PM JEFFREY D. KYLE CLERK No. 03-15-00341-CV ____________________________________________________ FILED IN In the Third Court of Appeals 3rd COURT OF APPEALS AUSTIN, TEXAS Austin, Texas 10/16/2015 3:23:56 PM ____________________________________________________ JEFFREY D. KYLE Clerk

Antioch St. Johns Cemetery Company d/b/a American Memorial Park, Grand Prairie, Texas; Gerald Weatherall; and Beverly Randall-Weatherall, Appellants,

v.

Texas Department of Banking Commissioner, Appellee. ___________________________________________________

On Appeal from the 261st Judicial District Court, Travis County Texas Trial Court Case No. D-1-GN-14-000367 ____________________________________________________

Unopposed Motion to Extend Time to File Appellee’s Brief ____________________________________________________

KEN PAXTON Attorney General of Texas ANN HARTLEY Attorney in Charge CHARLES E. ROY State Bar No. 09157700 First Assistant Attorney General Office of the Attorney General Financial Litigation and JAMES E. DAVIS Charitable Trusts Division Deputy Attorney General for Civil PO Box 12548, MC 017 Litigation Austin, TX 78711-2548 Tel: (512) 936-1313 LESLI G. GINN Fax: (512) 477-2348 Division Chief , ann.hartley@texasattorneygeneral.gov Financial Litigation and Charitable Trusts Division COUNSEL FOR APPELLEE TO THE HONORABLE THIRD COURT OF APPEALS:

Pursuant to TEX. R. APP. P. 10.1 and 38.6(d), the Appellee, the

Texas Department of Banking Commissioner, files this Unopposed

Motion to Extend Time to File Appellee’s Brief.

Appellee’s brief is due on November 6, 2015.

Counsel for Appellee requests a 31-day extension of time to file its

brief, making the brief due on Monday, December 7, 2015. This is the

first request for extension of time to file the opening brief.

Appellee needs additional time to file its brief because of the press

of business due to multiple case-related deadlines.

The undersigned has conferred with Appellants’ counsel, and he

does not oppose this motion.

All facts recited in this motion are within the personal knowledge

of the counsel signing this motion, therefore no verification is necessary

under Rule of Appellate Procedure 10.2.

PRAYER FOR RELIEF For the reasons set forth above, Appellee requests that this

Court grant this Unopposed Motion to Extend Time to File Appellee’s

-2- Brief and extend the deadline for filing Appellee’s Brief up to and

including December 7, 2015.

Respectfully submitted,

KEN PAXTON Attorney General of Texas

CHARLES E. ROY First Assistant Attorney General

JAMES E. DAVIS Deputy Attorney General for Civil Litigation

LESLI G. GINN Division Chief, Financial Litigation and Charitable Trusts Division

/s/ Ann Hartley ANN HARTLEY Lead Attorney State Bar No. 09157700 Financial Litigation and Charitable Trusts Division P.O. Box 12548, MC 017 Austin, TX 78711-2548 Telephone: (512) 936-1313 Facsímile: (512) 477-2348 ann.hartley@texasattorneygeneral.gov Counsel for Appellee

-3- CERTIFICATE OF CONFERENCE

The undersigned has conferred with Appellants’ counsel, and

he does not oppose this motion.

/s/ Ann Hartley ANN HARTLEY Assistant Attorney General Counsel for Appellant

CERTIFICATE OF SERVICE

I hereby certify that a true copy of this Unopposed Motion to

Extend Time to File Appellee’s Brief was sent by electronic

service this 16th day of October, 2015, to counsel for Appellants, as

follows:

Kevin S. Wiley, Jr. LAW OFFICES OF KEVIN S. WILEY, JR. 325 N. St. Paul St., Ste. 4400 Dallas, Texas 75201 kevinwiley@lkswjr.com Counsel for Appellants

/s/ Ann Hartley ANN HARTLEY Assistant Attorney General Counsel for Appellant

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