Francisca Okonkwo, Administrative Law Judge, Texas Department of Insurance, Division of Workers' Compensation, in Her Official Capacity and Fort Bend County v. Joshua David Heiliger, Individually, and on Behalf of the Estate of Lauren Brittane Smith, and on Behalf of Death Benefits Beneficiaries Joshua David Heiliger and Emma Destiny Heiliger

Court of Appeals of Texas·Decided May 28, 2025·No. 15-25-00061-CV·Published

Opinion

ACCEPTED 15-25-00061-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 5/28/2025 4:50 PM NO. 15-25-00061-CV CHRISTOPHER A. PRINE CLERK FILED IN IN THE COURT OF APPEALS 15th COURT OF APPEALS AUSTIN, TEXAS FOR THE FIFTEENTH JUDICIAL DISTRICT OF 5/28/2025 TEXAS 4:50:36 PM AT AUSTIN, TEXAS CHRISTOPHER A. PRINE Clerk

FRANCESCA OKONKWO, ADMINISTRATIVE LAW JUDGE, TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS’ COMPENSATION, IN HER OFFICIAL CAPACITY AND FORT BEND COUNTY, Appellants

VS.

JOSHUA DAVID HEILIGER, INDIVIDUALLY, AND ON BEHALF OF THE ESTATE OF LAUREN BRITANNE SMITH, DECEASED AND ON BEHALF OF DEATH BENEFITS BENEFICIARIES JOSHUA DAVID HEILIGER AND EMMA DESTINY HEILIGER AND GREATER HOUSTON PSYCHIATRIC ASSOCIATES, PLLC, Appellees.

ON APPEAL ORIGINALLY FROM THE 11TH JUDICIAL DISTRICT COURT OF HARRIS COUNTY, TEXAS, CAUSE NO. 2024-78536, HONORABLE KRISTEN BRAUCHLE HAWKINS

APPELLANT FORT BEND COUNTY’S FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, Appellant FORT BEND COUNTY requesting the Court to extend

time to file its Appellant’s Brief and as grounds therefore would respectfully show the Court

as follows:

APPELLANT’S FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF Page 1 A. REQUEST FOR EXTENSION OF TIME TO FILE BRIEF

1. Appellants are FRANCESCA OKONKWO, ADMINISTRATIVE LAW JUDGE,

TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS’

COMPENSATION, IN HER OFFICIAL CAPACITY and FORT BEND COUNTY.

Appellees are JOSHUA DAVID HEILIGER, INDIVIDUALLY, AND ON BEHALF OF

THE ESTATE OF LAUREN BRITANNE SMITH, DECEASED AND ON BEHALF OF

DEATH BENEFITS BENEFICIARIES JOSHUA DAVID HEILIGER AND EMMA

DESTINY HEILIGER and GREATER HOUSTON PSYCHIATRIC ASSOCIATES,

PLLC.

2. No rule provides a deadline to file this motion to extend time to file a brief.

3. No party is opposed to this motion. Appellee Joshua Heiliger has agreed to this

motion in exchange for Appellant’s reciprocal agreement to Appellee’s request for

extension of deadline to file Appellee’s brief by July 14, 2025, if necessary. Appellee

Greater Houston Psychiatric Associates, PLLC is unopposed to this motion.

4. The Court has authority under Texas Rules of Appellate Procedure 38.6(d) to extend

the time to file the brief.

5. Appellant’s Brief is due on June 3, 2025.

6. This is Appellant FORT BEND COUNTY’s first motion for extension to file its

brief.

7. Appellant requests an additional 10 days to file its brief, extending its deadline to

June 13, 2025.

APPELLANT’S FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF Page 2 8. Appellant needs additional time to file its brief because the original twenty-day time

limit was insufficient to research and draft the Appellant’s Brief. Multiple discovery

deadlines in other cases that could not be extended involving voluminous records prevented

the counsel from completing the analysis and depth of research necessary to draft

Appellant’s brief. Though work on the brief has started, Appellant will be unable to

complete the brief in the time remaining.

9. This motion is not sought for the sole purpose of delay, but so that Appellant’s brief

may comply with the briefing rules of the Texas Rules of Appellate Procedure.

B. Conclusion

10. Appellant FORT BEND COUNTY requests the Court to grant its First Unopposed

Motion to Extend Time to File Appellant’s Brief due to an overburdened schedule and

requests to extend the deadline to June 13, 2025.

C. Prayer

11. For these reasons, Appellant FORT BEND COUNTY requests that the Court grant

its First Unopposed Motion to Extend the Time to File Appellant’s Brief to June 13, 2025.

APPELLANT’S FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF Page 3 Respectfully submitted,

DEAN G. PAPPAS LAW FIRM, PLLC /s/ Mary M. Markantonis By:_________________________________ Dean G. Pappas State Bar No. 15454375 dpappas@dgplawfirm.com Mary M. Markantonis State Bar No. 12986800 mmarkantonis@dgplawfirm.com Lisa M. Teachey State Bar No. 24056416 lteachey@dgplawfirm.com 8588 Katy Freeway, Ste. 100 Houston, Texas 77024 (713) 914-6200 (713) 914-6201 (facsimile) ATTORNEYS FOR APPELLANT FORT BEND COUNTY

CERTIFICATE OF CONFERENCE

I certify that I have conferred with opposing counsel Russell Morris on May 28, 2025, through email exchange and he is in agreement with the foregoing motion.

/s/ Lisa M. Teachey ________________________________ Lisa M. Teachey

I certify that I have conferred with opposing counsel Laverne Chang on May 28, 2025, through email exchange and she is unopposed to the foregoing motion

/s/ Mary M. Markantonis ___________________________ Mary M. Markantonis

APPELLANT’S FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF Page 4 CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the above and foregoing document has been forwarded to all parties and counsel of record listed below on May 28, 2025, by service through the electronic filing manager, email, certified mail, facsimile or hand delivery:

Via eFile Sherlyn Harper Office of the Attorney General 808 Travis Street, #1520 Houston, TX 77002

James Z. Brazell Assistant Attorney General Administrative Law Division P.O. Box 12548 Capital Station Austin, TX 78711-2548

Attorneys for Appellant Francesca Okonkwo, et al

Russell Morris McBryde Franco, PLLC 11000 Richmond Ave Ste 350 Houston, TX 77042-6702

Attorneys for Appellee Joshua David Heiliger, et al

Laverne Chang Cardwell & Chang, PLLC 511 Lovett Blvd Houston, TX 77006-4020

Attorneys for Appellee Greater Houston Psychiatric Associates, PLLC

/s/ Mary M. Markantonis ___________________________ Mary M. Markantonis

APPELLANT’S FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF Page 5 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Hope Furlow on behalf of Mary Markantonis Bar No. 12986800 hfurlow@dgplawfirm.com Envelope ID: 101353510 Filing Code Description: Motion Filing Description: APPELLANT FORT BEND COUNTY'S FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF Status as of 5/28/2025 4:59 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Lisa Teachey 24056416 lteachey@dgplawfirm.com 5/28/2025 4:50:36 PM SENT

Laverne Chang 783819 chang@cardwellchang.com 5/28/2025 4:50:36 PM SENT

Marilyn Allen 24025225 mallen@dgplawfirm.com 5/28/2025 4:50:36 PM SENT

Mary Markantonis 12986800 mmarkantonis@dgplawfirm.com 5/28/2025 4:50:36 PM SENT

Dean Pappas 15454375 dpappas@dgplawfirm.com 5/28/2025 4:50:36 PM SENT

Andrew Bruce 24113627 serv.andrew@mf-txlaw.com 5/28/2025 4:50:36 PM SENT

Russell Morris 24099150 serv.russell@mf-txlaw.com 5/28/2025 4:50:36 PM SENT

Hope Burnett-Furlow hfurlow@dgplawfirm.com 5/28/2025 4:50:36 PM SENT

Pablo Franco 24121625 serv.pablo@mf-txlaw.com 5/28/2025 4:50:36 PM SENT

Catherine Hughes catherine.hughes@oag.texas.gov 5/28/2025 4:50:36 PM SENT

Sherlyn Harper Sherlyn.Harper@oag.texas.gov 5/28/2025 4:50:36 PM SENT

James Z.Brazell james.brazell@oag.texas.gov 5/28/2025 4:50:36 PM SENT

Suzan Cardwell cardwell@cardwellchang.com 5/28/2025 4:50:36 PM SENT

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