ACCEPTED 15-25-00102-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 6/25/2025 4:14 PM NO. 15-25-00102-CV CHRISTOPHER A. PRINE CLERK FILED IN 15th COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE FIFTEENTH JUDICIAL DISTRICT OF TEXAS 6/25/2025 4:14:31 PM AT AUSTIN, TEXAS CHRISTOPHER A. PRINE Clerk
IN RE FORT BEND COUNTY, Realtor,
RELATING TO TRIAL COURT CASUE NO. 2024-78536 11TH DISTRICT COURT OF HARRIS COUNTY, TEXAS THE HONORABLE KRISTIN B. HAWKINS, PRESIDING JUDGE
REAL PARTY IN INTEREST, JOSHUA HEILIGER, ET AL. JOINT UNOPPOSED MOTION TO EXTEND TIME TO FILE RESPONSE TO REALTOR’S PETITION FOR WRIT OF MANDAMUS
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Real Party in Interest, 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 Real Party in Interest Francesca Okonkwo,
requesting the Court to extend time to file their Responses to Relator’s Petition for Writ of
Mandamus and would respectfully show the Court as follows:
REQUEST FOR EXTENSION OF TIME TO FILE BRIEF
1. Per Court Order, Real Party in Interests’ Response to Relator’s Petition for Writ of
Mandamus in this matter is currently due on or before July 3, 2025. Counsel for Real Parties in
Interest respectfully requests a 20-day extension to complete these responsive briefs, until July 23,
2025. 2. No party is opposed to this motion.
3. Real Parties in Interest’s counsel need additional time to file its response as the
original twenty-day timeline will be insufficient to research and draft Real Parties in Interest’s
responses to Relator’s Writ.
4. Real Party in Interest Heiliger’s counsel has a myriad of scheduled hearings in
District Court cases, mediations and expert depositions, as well as 200+ commercial property tax
protest hearings scheduled during the month of June and July, in multiple counties, around the
Austin, Houston, and Dallas areas which also require travel. Additionally, Real Party in Interest
Heiliger has a brief due to this Court in the related direct appeal filed by Relator Fort Bend County
that is currently also due on or before July 3, 2025. 1
5. Like Heiliger’s counsel, Real Party in Interest Okonkwo’s counsel are also
addressing very heavy case-loads and counsel, Brazell, just learned at the time of this drafting that
the 15th Court has requested counsel in 15-25-00107-CV, Texas Department of Insurance and
Cassie Brown, in her Capacity as Commissioner of the Texas Department of Insurance v. Texas
Land Title Association, to file a response to an Emergency Motion for Temporary relief in an
accelerated / interlocutory appeal in the 15th Court by 4:00 p.m. Wednesday, June 25, 2025.
6. Relator Fort Bend County and Real Party in Interest Greater Houston Psychiatric
Associates, PLLC, indicated via counsel, they were unopposed to this motion.
7. The Court has authority under Texas Rules of Appellate Procedure, Rule 38.6(d) to
extend the time to file Real Parties in Interest responsive briefs.
8. This is Real Party in Interest Heiliger’s and Real Party in Interest Okonkwo’s first
motion for extension to file their responsive briefs in this matter.
1 Simultaneous with this request, Real Party in Interest Heiliger has requested a 60-day extension of the deadline to file his brief in Cause No. 15-25-00061-CV. 9. Real Parties in Interest respectfully request a 20-day extension to the filing of their
briefs in this cause from July 3, 2025, to July 23, 2025.
10. This motion is not sought for the sole purpose of delay, but to allow counsel
sufficient time to adequately finalize and file Real Parties in Interests responses to fully address
the issues raised in the Petition for Writ of Mandamus filed by Fort Bend County.
PRAYER
11. ACCORDINGLY, Real Party in Interest, 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 Real Party in Interest
Francesca Okonkwo, respectfully request the Court to grant their Joint Unopposed Motion to
Extend Time to File Real Parties in Interest Responses to Writ of Mandamus and the deadline to
be July 23, 2025.
Respectfully Submitted,
/s/ Russell L. Morris Russell L. Morris State Bar No. 24099150 Pablo A. Franco State Bar No. 24121625 MCBRYDE FRANCO, PLLC 11000 Richmond Avenue, Suite 350 Houston, TX 77042 (713) 223-7699 (512) 691-9072 [facsimile] serv.russell@mf-txlaw.com
ATTORNEYS FOR REAL PARTY IN INTEREST JOSHUA DAVID HEILIGER, ET AL. /s/ James Z. Brazell with permission (by RLM)
James Z. Brazell Sherlyn Harper State Bar No. 02930100 State Bar No. 24093176 Assistant Attorney General Assistant Attorney General Administrative Law Division Administrative Law Division Office Of The Attorney General Of Texas Office Of The Attorney General Of Texas P.O. Box 12548, Capitol Station 808 Travis Street, #1520 Austin, Texas 78711-2548 Houston, Texas 77002 Telephone: (512) 475-3204 Telephone: (713) 225-8913 Facsimile: (512) 320-0167 Facsimile: (512) 320-0167 James.Brazell@oag.texas.gov sherlyn.harper@oag.texas.gov
ATTORNEYS FOR RESPONDENT, FRANCISCA OKONKWO, ADMINISTRATIVE LAW JUDGE, TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS’ COMPENSATION, IN HER OFFICIAL AND INDIVIDUAL CAPACITIES CERTIFICATE OF CONFERENCE
I certify that I have conferred with counsel of record, Lisa Teachey, James Brazell, and LaVergne Chang, on or about June 17, 2025, through email exchange. Relator Fort Bend County and Real Party in Interest Greater Houston Psychiatric Association, PLLC, both indicated they were unopposed.
/s/ Russell Morris Russell Morris CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument was served on all counsel of record via the Court’s electronic Filing System and/or email, pursuant to Rule 21a of the Texas Rules of Civil Procedure on June 25, 2025.
VIA EFILE/ESERVE 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 Marilyn J. Allen State Bar No. 24025225 mallen@dgplawfirm.com 8588 Katy Freeway, Suite 100 Houston, Texas 77024 713-914-6200-Telephone 713-914-6201-Facsimile
ATTORNEY FOR INTERVENOR FORT BEND COUNTY
VIA EFILE/ESERVE LaVerne Chang State Bar No. 00783819 chang@cardwellchang.com Cardwell & Chang, PLLC 511 Lovett Blvd. Houston, TX 77006 Telephone: 713-222-6025 Facsimile: 713-222-0938
ATTORNEYS FOR RESPONDENT, GREATER HOUSTON PSYCHIATRIC ASSOCIATES, PLLC
/s/ Russell L. Morris Russell L. Morris 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.
Shauna O'Brien on behalf of Russell Morris Bar No. 24099150 shauna@mf-txlaw.com Envelope ID: 102433952 Filing Code Description: Motion Filing Description: Joint Unopposed Motion to Extend Time for File Response to Writ of Mandamus Status as of 6/25/2025 4:34 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Mary Markantonis mmarkantonis@dgplawfirm.com 6/25/2025 4:14:31 PM SENT
Laverne Chang 783819 chang@cardwellchang.com 6/25/2025 4:14:31 PM SENT
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ACCEPTED 15-25-00102-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 6/25/2025 4:14 PM NO. 15-25-00102-CV CHRISTOPHER A. PRINE CLERK FILED IN 15th COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE FIFTEENTH JUDICIAL DISTRICT OF TEXAS 6/25/2025 4:14:31 PM AT AUSTIN, TEXAS CHRISTOPHER A. PRINE Clerk
IN RE FORT BEND COUNTY, Realtor,
RELATING TO TRIAL COURT CASUE NO. 2024-78536 11TH DISTRICT COURT OF HARRIS COUNTY, TEXAS THE HONORABLE KRISTIN B. HAWKINS, PRESIDING JUDGE
REAL PARTY IN INTEREST, JOSHUA HEILIGER, ET AL. JOINT UNOPPOSED MOTION TO EXTEND TIME TO FILE RESPONSE TO REALTOR’S PETITION FOR WRIT OF MANDAMUS
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Real Party in Interest, 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 Real Party in Interest Francesca Okonkwo,
requesting the Court to extend time to file their Responses to Relator’s Petition for Writ of
Mandamus and would respectfully show the Court as follows:
REQUEST FOR EXTENSION OF TIME TO FILE BRIEF
1. Per Court Order, Real Party in Interests’ Response to Relator’s Petition for Writ of
Mandamus in this matter is currently due on or before July 3, 2025. Counsel for Real Parties in
Interest respectfully requests a 20-day extension to complete these responsive briefs, until July 23,
2025. 2. No party is opposed to this motion.
3. Real Parties in Interest’s counsel need additional time to file its response as the
original twenty-day timeline will be insufficient to research and draft Real Parties in Interest’s
responses to Relator’s Writ.
4. Real Party in Interest Heiliger’s counsel has a myriad of scheduled hearings in
District Court cases, mediations and expert depositions, as well as 200+ commercial property tax
protest hearings scheduled during the month of June and July, in multiple counties, around the
Austin, Houston, and Dallas areas which also require travel. Additionally, Real Party in Interest
Heiliger has a brief due to this Court in the related direct appeal filed by Relator Fort Bend County
that is currently also due on or before July 3, 2025. 1
5. Like Heiliger’s counsel, Real Party in Interest Okonkwo’s counsel are also
addressing very heavy case-loads and counsel, Brazell, just learned at the time of this drafting that
the 15th Court has requested counsel in 15-25-00107-CV, Texas Department of Insurance and
Cassie Brown, in her Capacity as Commissioner of the Texas Department of Insurance v. Texas
Land Title Association, to file a response to an Emergency Motion for Temporary relief in an
accelerated / interlocutory appeal in the 15th Court by 4:00 p.m. Wednesday, June 25, 2025.
6. Relator Fort Bend County and Real Party in Interest Greater Houston Psychiatric
Associates, PLLC, indicated via counsel, they were unopposed to this motion.
7. The Court has authority under Texas Rules of Appellate Procedure, Rule 38.6(d) to
extend the time to file Real Parties in Interest responsive briefs.
8. This is Real Party in Interest Heiliger’s and Real Party in Interest Okonkwo’s first
motion for extension to file their responsive briefs in this matter.
1 Simultaneous with this request, Real Party in Interest Heiliger has requested a 60-day extension of the deadline to file his brief in Cause No. 15-25-00061-CV. 9. Real Parties in Interest respectfully request a 20-day extension to the filing of their
briefs in this cause from July 3, 2025, to July 23, 2025.
10. This motion is not sought for the sole purpose of delay, but to allow counsel
sufficient time to adequately finalize and file Real Parties in Interests responses to fully address
the issues raised in the Petition for Writ of Mandamus filed by Fort Bend County.
PRAYER
11. ACCORDINGLY, Real Party in Interest, 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 Real Party in Interest
Francesca Okonkwo, respectfully request the Court to grant their Joint Unopposed Motion to
Extend Time to File Real Parties in Interest Responses to Writ of Mandamus and the deadline to
be July 23, 2025.
Respectfully Submitted,
/s/ Russell L. Morris Russell L. Morris State Bar No. 24099150 Pablo A. Franco State Bar No. 24121625 MCBRYDE FRANCO, PLLC 11000 Richmond Avenue, Suite 350 Houston, TX 77042 (713) 223-7699 (512) 691-9072 [facsimile] serv.russell@mf-txlaw.com
ATTORNEYS FOR REAL PARTY IN INTEREST JOSHUA DAVID HEILIGER, ET AL. /s/ James Z. Brazell with permission (by RLM)
James Z. Brazell Sherlyn Harper State Bar No. 02930100 State Bar No. 24093176 Assistant Attorney General Assistant Attorney General Administrative Law Division Administrative Law Division Office Of The Attorney General Of Texas Office Of The Attorney General Of Texas P.O. Box 12548, Capitol Station 808 Travis Street, #1520 Austin, Texas 78711-2548 Houston, Texas 77002 Telephone: (512) 475-3204 Telephone: (713) 225-8913 Facsimile: (512) 320-0167 Facsimile: (512) 320-0167 James.Brazell@oag.texas.gov sherlyn.harper@oag.texas.gov
ATTORNEYS FOR RESPONDENT, FRANCISCA OKONKWO, ADMINISTRATIVE LAW JUDGE, TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS’ COMPENSATION, IN HER OFFICIAL AND INDIVIDUAL CAPACITIES CERTIFICATE OF CONFERENCE
I certify that I have conferred with counsel of record, Lisa Teachey, James Brazell, and LaVergne Chang, on or about June 17, 2025, through email exchange. Relator Fort Bend County and Real Party in Interest Greater Houston Psychiatric Association, PLLC, both indicated they were unopposed.
/s/ Russell Morris Russell Morris CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument was served on all counsel of record via the Court’s electronic Filing System and/or email, pursuant to Rule 21a of the Texas Rules of Civil Procedure on June 25, 2025.
VIA EFILE/ESERVE 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 Marilyn J. Allen State Bar No. 24025225 mallen@dgplawfirm.com 8588 Katy Freeway, Suite 100 Houston, Texas 77024 713-914-6200-Telephone 713-914-6201-Facsimile
ATTORNEY FOR INTERVENOR FORT BEND COUNTY
VIA EFILE/ESERVE LaVerne Chang State Bar No. 00783819 chang@cardwellchang.com Cardwell & Chang, PLLC 511 Lovett Blvd. Houston, TX 77006 Telephone: 713-222-6025 Facsimile: 713-222-0938
ATTORNEYS FOR RESPONDENT, GREATER HOUSTON PSYCHIATRIC ASSOCIATES, PLLC
/s/ Russell L. Morris Russell L. Morris 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.
Shauna O'Brien on behalf of Russell Morris Bar No. 24099150 shauna@mf-txlaw.com Envelope ID: 102433952 Filing Code Description: Motion Filing Description: Joint Unopposed Motion to Extend Time for File Response to Writ of Mandamus Status as of 6/25/2025 4:34 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Mary Markantonis mmarkantonis@dgplawfirm.com 6/25/2025 4:14:31 PM SENT
Laverne Chang 783819 chang@cardwellchang.com 6/25/2025 4:14:31 PM SENT
James Brazell 2930100 james.brazell@oag.texas.gov 6/25/2025 4:14:31 PM SENT
Sherlyn Harper 24093176 sherlyn.harper@oag.texas.gov 6/25/2025 4:14:31 PM SENT
Dean Pappas dpappas@dgplawfirm.com 6/25/2025 4:14:31 PM SENT
Hope Burnett-Furlow hfurlow@dgplawfirm.com 6/25/2025 4:14:31 PM SENT
Pablo Franco 24121625 serv.pablo@mf-txlaw.com 6/25/2025 4:14:31 PM SENT
Lisa M.Teachey lteachey@dgplawfirm.com 6/25/2025 4:14:31 PM SENT
Tanisha Doublin tdoublin@dgplawfirm.com 6/25/2025 4:14:31 PM SENT
Jackie Struss jackie_struss@justex.net 6/25/2025 4:14:31 PM SENT
Joshua DavidHeiliger, et al. serv.russell@mf-txlaw.com 6/25/2025 4:14:31 PM SENT
Andrew Bruce 24113627 serv.andrew@mf-txlaw.com 6/25/2025 4:14:31 PM SENT
Jacquelyn Compton admin@dgplawfirm.com 6/25/2025 4:14:31 PM SENT