Kelly Hancock, Acting Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of Texas v. Dave & Buster's I, L.P.

CourtCourt of Appeals of Texas
DecidedAugust 7, 2025
Docket15-25-00114-CV
StatusPublished

This text of Kelly Hancock, Acting Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of Texas v. Dave & Buster's I, L.P. (Kelly Hancock, Acting Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of Texas v. Dave & Buster's I, L.P.) 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.

Bluebook
Kelly Hancock, Acting Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of Texas v. Dave & Buster's I, L.P., (Tex. Ct. App. 2025).

Opinion

ACCEPTED 15-25-00114-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 8/7/2025 8:36 AM No. 15-25-00114-CV CHRISTOPHER A. PRINE CLERK FILED IN 15th COURT OF APPEALS In the Court of Appeals AUSTIN, TEXAS for the 8/7/2025 8:36:54 AM CHRISTOPHER A. PRINE Fifteenth Judicial District of Texas at Austin Clerk

Kelly Hancock, Acting Comptroller of Public Accounts of the State of Texas; and Ken Paxton, Attorney General of the State of Texas, Appellants

v.

Dave & Buster’s I, L.P., Appellee

On Appeal from the 200th Judicial District Court Travis County, Texas

APPELLANTS’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ BRIEF

To the Honorable Fifteenth Court of Appeals:

Appellants, Kelly Hancock, Acting Comptroller of Public Accounts of the

State of Texas; and Ken Paxton, Attorney General of the State of Texas file this

Motion for Extension and respectfully show the Court as follows: DEADLINE

The deadline for Appellants to file their brief is August 28, 2025. Counsel for

Appellants respectfully requests the deadline be extended by 60 days, to October

27, 2025.

REASONS FOR EXTENSION OF TIME

In addition to the routine matters that counsel must attend to in daily practice,

during the months of August and September, the undersigned counsel will spend

significant time:

1. preparing for trial on September 15, 2025, in Cause No. D-1-GN-17- 002779, Nissan Auto Receivables Corporation II v. Glenn Hegar, et al., pending in the 261st Judicial District Court of Travis County, Texas; and

2. preparing for trial on September 29, 2025, in Cause No. D-1-GN-21- 006563, Power Services Holding Company, Inc., and Integrated Power Services Holdings, Inc. v. Glenn Hegar, et al., pending in the 53rd Judicial District Court of Travis County, Texas.

EXTENSION SOUGHT IN THE INTEREST OF JUSTICE

Counsel for Appellants seeks this extension of time in order to provide this

Court with a brief that effectively aids it in the analysis of the case. This request is

not sought for delay but so that justice may be done. Counsel for Appellee is

unopposed to the requested extension. This Court has granted no extensions

regarding Appellants’ brief before this request.

2 PRAYER FOR EXTENSION

For the reasons set forth above, Appellants respectfully request this Court

grant this Motion for Extension of Time to File Appellants’ Brief and extend the

deadline for filing the brief to October 27, 2025.

Dated: August 7, 2025 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

STEVEN ROBINSON Division Chief, Tax Litigation Division

/s/ Wesley Remschel WESLEY REMSCHEL Assistant Attorney General State Bar No. 24126032 Tax Litigation Division P.O. Box 12548 Austin, Texas 78711-2548 512-574-8089 512-478-4013 (fax) wesley.remschel@oag.texas.gov

ATTORNEYS FOR APPELLANTS

3 CERTIFICATE OF CONFERENCE

I certify that on August 6, 2025, the undersigned counsel conferred with Lacy

Leonard, counsel for Appellee. Ms. Leonard indicated that Appellee is not opposed

to the requested extension.

/s/Wesley Remschel WESLEY REMSCHEL Assistant Attorney General

CERTIFICATE OF SERVICE I hereby certify that on August 7, 2025, a copy of the foregoing document was sent to the other parties to this suit, their counsel, or registered agent as follows:

RYAN LAW FIRM, L.L.P. Via electronic service Danielle Ahlrich Danielle.Ahlrich@ryanlawyers.com Lacy Leonard Lacy.Leonard@ryanlawyers.com Caidi Davis Caidi.Davis@ryanlawyers.com 1301 S. Mopac Expressway, Suite 430 Austin, Texas 78746 (512) 459-6600 (512) 459-6601 (fax)

ATTORNEYS FOR APPELLEE

/s/Wesley Remschel WESLEY REMSCHEL Assistant Attorney General

4 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.

Lynee Pearson on behalf of Wesley Remschel Bar No. 24126032 lynee.pearson@oag.texas.gov Envelope ID: 104078910 Filing Code Description: Motion Filing Description: 20250807 Motion for Extention of Time Status as of 8/7/2025 8:42 AM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Danielle Ahlrich 24059215 danielle.ahlrich@ryanlawyers.com 8/7/2025 8:36:54 AM SENT

Lacy Leonard Lacy.Leonard@ryanlawyers.com 8/7/2025 8:36:54 AM SENT

Ryan Law Paralegals Austin.Paralegals@ryanlawyers.com 8/7/2025 8:36:54 AM SENT

Associated Case Party: GLENN HEGAR COMPTROLLER

Wesley Remschel wesley.remschel@oag.texas.gov 8/7/2025 8:36:54 AM SENT

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Kelly Hancock, Acting Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of Texas v. Dave & Buster's I, L.P., Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelly-hancock-acting-comptroller-of-public-accounts-of-the-state-of-texas-texapp-2025.