Gulf Chemical & Metallurgical Corporation v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas

Opinion

ACCEPTED 03-12-00772-CV 4781790 THIRD COURT OF APPEALS AUSTIN, TEXAS 4/7/2015 8:51:40 AM JEFFREY D. KYLE CLERK No. 03-12-00772-CV ____________________________________________________ FILED IN 3rd COURT OF APPEALS In the Court of Appeals AUSTIN, TEXAS for the Third Judicial District 4/7/2015 8:51:40 AM JEFFREY D. KYLE Austin, Texas Clerk ____________________________________________________

Gulf Chemical & Metallurgical Corporation, Appellant,

v.

Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of Texas, Appellees.

___________________________________________________

On Appeal from the 261st Judicial District Court, Travis County Texas Trial Court Case No. D-1-GN-11-003174 ____________________________________________________

Appellees’ Unopposed Motion for Extension of Time to File a Motion for Rehearing ____________________________________________________

To the Honorable Third Court of Appeals:

Appellees 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

be extended for fourteen days, from April 10, 2015 (the current due date) to April 24,

2015, and in support show as follows:

Appellees’ Motion for Extension of Time to File a Motion for Rehearing Page 1 1. The Court rendered judgment on March 26, 2015.

2. Per Tex. R. App. P. 49.1, Appellees’ motion for rehearing is due within 15

days of the Court’s judgment on April 10, 2015.

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

file a motion for rehearing, extending the time to file to April 24, 2015.

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

for rehearing.

5. Good cause exists to grant this request. Several levels of staff of the

Comptroller and the Attorney agencies have been diligently debating whether to file

a motion for rehearing since the Court issued its opinion, but have not yet reached a

decision.

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

thorough and clear motion for rehearing, if any, may be presented to the Court.

7. Appellant is not opposed to this motion.

8. Wherefore, Appellees 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 be extended to

April 24, 2015.

Appellees’ Motion for Extension of Time to File a Motion for Rehearing Page 2 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, on April 6, 2015, 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 April 7, 2015 on Doug Sigel, counsel for Appellant, to doug.sigel@ryanlawllp.com.

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