In the Guardianship of Landen Thomas Griswold, an Incapacitated Person v. the State of Texas

Court of Appeals of Texas·Decided May 14, 2025·No. 15-25-00017-CV·Published

Opinion

ACCEPTED

15-25-00017-CV

FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 5/14/2025 4:14 PM

No. 15−25−00017−CV CHRISTOPHER A. PRINE CLERK

FILED IN

In the Fifteenth Court of Appeals 15th COURT OF APPEALS AUSTIN, TEXAS

Austin, Texas 5/14/2025 4:14:24 PM CHRISTOPHER A. PRINE

Clerk

In the Guardianship of Landen Thomas Griswold, An Incapacitated Person

On Appeal from Cause No. G00074 County Court at Law Cherokee County, Texas

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF

Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d), Appellee,

Texas Health and Humas Services Commission (Appellee) files this unopposed

motion seeking a 2−week extension of time to file Appellee’s Brief to June 9, 2025.

In support of this motion, Appellee shows the following:

1. Appellee’s Brief is currently due May 27, 2025.

2. The following grounds provide good cause for extending the time to

file Appellee’s Brief. Appellee’s former lead counsel, Reed Arroyo, has accepted

another position outside of the Texas Office of the Attorney General—his last day

with the Texas Office of the Attorney General was May 9, 2025. Appellee’s new and

current lead counsel, Terri M. Abernathy, was substituted for Mr. Arroyo on May 9,

2025. Due to Ms. Abernathy’s other responsibilities in separate litigation matters,

she was only able to meet and confer with Mr. Arroyo for the first time regarding

this case on May 9, 2025. Consequently, Ms. Abernathy requires more time to review

the filings and to prepare Appellee’s brief.

3. This is the third request for an extension of time to file Appellee’s Brief

before this Court.

4. The motion is unopposed.

5. This motion is not filed for the purpose of delay, nor will Appellant be

harmed and Appellant is unopposed to this extension request.

Prayer

For these reasons, Appellee respectfully request that the Court grant an

extension of time of 2−weeks to file Appellee’s Brief to June 9, 2025, and grant it

any other relief to which it may be justly entitled.

Respectfully submitted,

KEN PAXTON Attorney General of Texas

BRENT WEBSTER First Assistant Attorney General

RALPH MOLINA Deputy First Assistant Attorney General

AUSTIN KINGHORN Deputy Attorney General for Civil Litigation

KIMBERLY GDULA Chief, General Litigation Division

/s/ Terri M. Abernathy

TERRI M. ABERNATHY Attorney-in-Charge Assistant Attorney General Texas State Bar No. 24062894 OFFICE OF THE ATTORNEY GENERAL OF TEXAS General Litigation Division P. O. Box 12548, Capitol Station Austin, Texas 78711−2548 Phone (512) 936−0562 Division Fax (512) 320−0667 Email Terri.Abernathy@oag.texas.gov

Counsel for Appellee Texas Health and Human Services Commission

CERTIFICATE OF CONFERENCE

On May 13−14, 2025, the undersigned conferred with lead counsel for Appellant, who stated they are unopposed to the relief requested.

/s/ Terri M. Abernathy

TERRI M. ABERNATHY Assistant Attorney General

CERTIFICATE OF SERVICE

I certify that on May 14, 2025, a true and correct copy of this document was filed via the court’s e−filing system, causing electronic service upon all counsel of record in accordance with the Federal Rules of Civil Procedure as follows:

Tracia Y. Lee Tracia.Lee@keanmiller.com Laurel M. Smith Laurel.Smith@keanmiller.com Kean | Miller, LLP Pennzoil South Tower 711 Louisiana Street, Suite 1800 South Tower Houston, Texas 77002 Phone (713) 844−3062 e-serve@keanmiller.com

Counsel for Appellee

/s/ Terri M. Abernathy

TERRI M. ABERNATHY Assistant Attorney General

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.

Quennette Rose on behalf of Terri Abernathy Bar No. 24062894 quennette.rose@oag.texas.gov Envelope ID: 100844031 Filing Code Description: Motion Filing Description: 20250514_HHSCs 3rd Unopposed MET Status as of 5/14/2025 4:57 PM CST

Associated Case Party: Texas Health and Human Services Commission

Name BarNumber Email TimestampSubmitted Status

Jonathan Petix 24027728 jonathan.petix@hhs.texas.gov 5/14/2025 4:14:24 PM SENT

Alyssa Bixby-Lawson 24122680 anknutson@gmail.com 5/14/2025 4:14:24 PM SENT

Terri Abernathy terri.abernathy@oag.texas.gov 5/14/2025 4:14:24 PM SENT

Quennette Rose Quennette.Rose@oag.texas.gov 5/14/2025 4:14:24 PM SENT

Tristan AGarza tristan.garza@oag.texas.gov 5/14/2025 4:14:24 PM SENT

Reed Arroyo reed.arroyo@oag.texas.gov 5/14/2025 4:14:24 PM SENT

Associated Case Party: Candice Jeffcoat

Name BarNumber Email TimestampSubmitted Status

Tracia Lee e-serve@keanmiller.com 5/14/2025 4:14:24 PM SENT

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In the Guardianship of Landen Thomas Griswold, an Incapacitated Person v. the State of Texas, (Tex. Ct. App. 2025).

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