in Re D.O.S. and E.C., Children
This text of in Re D.O.S. and E.C., Children (in Re D.O.S. and E.C., Children) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ACCEPTED 10-20-00287-CV TENTH COURT OF APPEALS WACO, TEXAS 1/15/2021 1:22 PM NITA WHITENER CLERK
NO. 10-20-00287-CV
IN RE § IN THE COURT OF APPEALS FILED IN 10th COURT OF APPEALS § WACO, TEXAS D.O.S. AND E.C., § FOR THE TENTH DISTRICT 1/15/2021 1:57:00 PM § NITA WHITENER Clerk RELATORS § AT WACO, TEXAS
THIRD MOTION FOR EXTENSION OF TIME TO FILE INTERVENORS’ RESPONSE
TO THE HONORABLE JUDGE:
NOW COMES A.L.C. and R.L.V., Intervenors, and file this their
Third Motion for Extension of Time to File Intervenors’ Response.
I. Introduction
A.L.C. and R.L.V., Intervenors, request an extension of time to file
their response. A.L.C. and R.L.V.’s response is due on January 15, 2021.
A.L.C. and R.L.V. request additional time to file their response,
extending the deadline to February 15, 2021.
II. Argument & Authorities
This Motion is filed pursuant to Texas Rules of Appellate Procedure
38.6(d), which allows the Court of Appeals to grant an extension of time
to file a response.
Since requesting the last extension, three associates have left
counsel for Intervenors’ firm, causing a drastic shift in the remaining
THIRD MOTION FOR EXTENSION OF TIME TO FILE INTERVENORS’ RESPONSE Page 1 of 5 associates’ caseloads. Certain cases previously unknown to counsel for
Intervenors had issues that had to be addressed immediately. Therefore,
counsel for A.L.C. and R.L.V. requires additional time to prepare the
response currently due on January 15, 2021.
This extension is sought due to the need for A.L.C. and R.L.V.’s
counsel to have sufficient time to prepare for and draft this response.
Counsel for A.L.C. and R.L.V. is asking for a 31-day extension.
This is Intervenors’ third request for an extension, which counsel
for Intervenors hopes is granted generously according the 21st
Emergency Order issued by the Supreme Court of Texas on July 31, 2020.
III. Conclusion
A.L.C. and R.L.V., Intervenors, request this Court to grant a 31-day
extension of time to file their Intervenors’ Response to February 15, 2021.
IV. Prayer
WHEREFORE, PREMISES CONSIDERED, A.L.C. and R.L.V.,
Intervenors, request this Court to grant this Third Motion for Extension
of Time to File Intervenors’ Response to February 15, 2021.
THIRD MOTION FOR EXTENSION OF TIME TO FILE INTERVENORS’ RESPONSE Page 2 of 5 Respectfully submitted
O’NEIL WYSOCKI, P.C. 5323 Spring Valley Road, Suite 150 Dallas, Texas 75254 Tel: (972) 852-8000 Fax: (214) 306-7830
By:/s/ Karri L. Bertrand KARRI L. BERTRAND State Bar No. 24084826 Karri@OWLawyers.com MICHELLE MAY O’NEIL State Bar No. 13260900 Michelle@OWLawyers.com Attorneys for Intervenors
CERTIFICATE OF CONFERENCE
I certify that I have conferred with J.D. Foster, Attorney for
Relators, and he is unopposed to Intervenors’ Third Motion for Extension
of Time to File Intervenors’ Response. I certify that I have conferred with
Kellie S. Price, Appellate Attorney for The Department of Family and
Protective Services, and she is opposed to Intervenors’ Third Motion for
Extension of Time to File Intervenors’ Response.
/s/ Karri L. Bertrand KARRI L. BERTRAND Attorney for Intervenors
THIRD MOTION FOR EXTENSION OF TIME TO FILE INTERVENORS’ RESPONSE Page 3 of 5 CERTIFICATE OF SERVICE
I certify that a true copy of Intervenors’ Third Motion for Extension
of Time to File Intervenors’ Response was served on the following parties
or their counsel via e-service on January 15, 2021.
Respondent: Hon. Jim Chapman County Court at Law No. 1 Judge Ellis County Courthouse 109 S. Jackson Waxahachie, Texas 75165 ccl1coordinator@co.ellis.tx.us
Real Party in Interest: Department of Family and Protective Services
Counsel for Kellie S. Price Texas Department 2401 Ridgepoint Drive, Bldg. H-2 of Family and MC: Y-956 Protective Services: Austin, Texas 78754 Kellie.Price@dfps.state.tx.us
Counsel for Real Party in Interest: Ms. Stacey Auvenshine Stacey.auvenshine@co.ellis.tx.us
Other Party: Guardian Ad Litem
Counsel for Other Party: CASA of Ellis County kim@casaofelliscounty.org jennifer@casaofelliscounty.org courtney@casaofelliscounty.org
THIRD MOTION FOR EXTENSION OF TIME TO FILE INTERVENORS’ RESPONSE Page 4 of 5 Counsel for Relators: Mr. J.D. Foster jdfoster@elliscountylegal.com
Other Party: Mother of the Child – H.A. (a/k/a H.S.)
Counsel for Other Party: Lisa Wyatt Lisalaw08@yahoo.com
Other Party: Father of the Child – T.S.
Counsel for Other Party: Timothy Hardesty thardesty@hardestylawoffice.com
/s/ Karri L. Bertrand KARRI L. BERTRAND Attorney for Intervenors
THIRD MOTION FOR EXTENSION OF TIME TO FILE INTERVENORS’ RESPONSE Page 5 of 5
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