PLS Check Cashers of Texas, Inc.// Bobby Wilkinson, in His Official Capacity as Executive Director of the Texas Department of Housing and Community Affairs v. Texas Department of Housing and Community Affairs, and Bobby Wilkinson, in His Official Capacity as Executive Director of the Texas Department of Housing and Community Affairs// Cross-Appellee, PLS Check Cashers of Texas, Inc.

Court of Appeals of Texas

PLS Check Cashers of Texas, Inc.// Bobby Wilkinson, in His Official Capacity as Executive Director of the Texas Department of Housing and Community Affairs v. Texas Department of Housing and Community Affairs, and Bobby Wilkinson, in His Official Capacity as Executive Director of the Texas Department of Housing and Community Affairs// Cross-Appellee, PLS Check Cashers of Texas, Inc.

DecidedJanuary 21, 2025

Docket15-24-00088-CV

StatusPublished

This text of PLS Check Cashers of Texas, Inc.// Bobby Wilkinson, in His Official Capacity as Executive Director of the Texas Department of Housing and Community Affairs v. Texas Department of Housing and Community Affairs, and Bobby Wilkinson, in His Official Capacity as Executive Director of the Texas Department of Housing and Community Affairs// Cross-Appellee, PLS Check Cashers of Texas, Inc. (PLS Check Cashers of Texas, Inc.// Bobby Wilkinson, in His Official Capacity as Executive Director of the Texas Department of Housing and Community Affairs v. Texas Department of Housing and Community Affairs, and Bobby Wilkinson, in His Official Capacity as Executive Director of the Texas Department of Housing and Community Affairs// Cross-Appellee, PLS Check Cashers of Texas, Inc.) 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.

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PLS Check Cashers of Texas, Inc.// Bobby Wilkinson, in His Official Capacity as Executive Director of the Texas Department of Housing and Community Affairs v. Texas Department of Housing and Community Affairs, and Bobby Wilkinson, in His Official Capacity as Executive Director of the Texas Department of Housing and Community Affairs// Cross-Appellee, PLS Check Cashers of Texas, Inc., (Tex. Ct. App. 2025).

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Opinion

ACCEPTED 15-24-00088-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 1/21/2025 12:36 PM No. 15-24-00088-CV CHRISTOPHER A. PRINE CLERK FILED IN In the Fifteenth Court of Appeals 15th AUSTIN, COURT OF APPEALS TEXAS 1/21/2025 12:36:19 PM PLS Check Cashers of Texas, inc.// Bobby Wilkinson, in his Official CHRISTOPHER A. PRINE Capacity as Executive Director of the Texas Department of Clerk

Housing and Community Affairs, Appellant// Cross-Appellant, v. Texas Department of Housing and Community Affairs, and Bobby Wilkinson, in his Official Capacity as Executive Director of the Texas Department of Housing and Community Affairs// PLS Check Cashers of Texas, inc. Appellees// Cross-Appellee.

On Appeal from the 201st Judicial District Court, Travis County

JOINT MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEFS

Pursuant to Rules 10.5(b) and 38.6(a)(2) of the Texas Rules of

Appellate Procedure, the parties, Appellant/ Cross-Appellee, PLS Check

Cashers of Texas, Inc. (“Appellant”) and Cross-Appellant/Appellee,

Bobby Wilkinson, in his official capacity as Executive Director of the

Texas Department of Housing and Community Affairs

(“TDHCA”)(“Cross-Appellant”) respectfully seek an extension of 15 days

to file their Reply Briefs, through and until February 5, 2025. Appellant’s and Cross-Appellant’s are currently due January 21,

2025.

The parties jointly request this extension primarily because counsel

have been unable to devote adequate time to this matter. Counsel for PLS

Check Cashers, Inc. has a January 23, 2025 hearing in Blackswan Steel,

LLC v. New Age Drywall, LLC, Cause No. 24-CV-1023, in the 212th

District Court, Galveston County, Texas, as well as the following briefs

due:

Reply Brief in Cause No. 14-24-00268-CV, CEMEX Construction

Materials South, LLC and Poarch/Swinbank, LLC v. Tejas Avco, Inc., in

the Fourteenth Court of Appeals at Houston, on January 27, 2025;

Appellant’s Brief in Cause No.05-24-01515-CV, Louis Carter, Jr. v.

Timothy C. Sanders, in the Fifth Court of Appeals at Dallas, on February

2, 2025; and,

Appellant’s Brief in Cause No. 12-24-00326-CV, Lufkin Mall Realty

Holding LLC v. Lufkin Investment Partners LLC, in the Twelfth Court of

Appeals at Tyler, on February 7, 2025. In addition, Counsel for TDHCA and Bobby Wilkinson has been

required to devote time to the following other matters:

As the deadlines for Appellant and Cross-Appellant’s briefs run

concurrently, this request for an extension not for purposes of delay but

in the interest of fairness and so that Appellant’s and Cross-Appellant’s

counsel may have adequate time to prepare the parties’ respective briefs

in light of the above-noted considerations. No party will be prejudiced by

this request.

Prayer

For these reasons, Appellant and Cross-Appellant respectfully

request an extension of 15 days to file their Reply Briefs, through and

until February 5, 2025.

Dated: January 21, 2025. Respectfully submitted,

KEN PAXTON /S/ BRIANNA M. KROMINGA Attorney General of Texas BRIANNA M. KROMINGA Assistant Attorney General BRENT WEBSTER Texas Bar No. 24103252 First Assistant Attorney General Office of the Attorney General RALPH MOLINA General Litigation Division Deputy First Assistant Attorney P.O. Box 12548, Capitol Station General Austin, Texas 78711-2548 (214) 290-8884 (Main) JAMES LLOYD (512) 320-0667 (Fax) Deputy Attorney General for Civil Brianna.krominga@oag.texas.gov Litigation

KIMBERLY GDULA Chief, General Litigation Division

COUNSEL FOR CROSS-APPELLANT/ APPELLEES

/S/ NICHOLAS D. STEPP NICHOLAS D. STEPP TEXAS BAR NO. 24077701 NICK.STEPP@HUSCHBLACKWELL.COM BEN STEPHENS TEXAS BAR. NO. 24098472 BEN.STEPHENS@HUSCHBLACKWELL.COM HUSCH BLACKWELL LLP 600 TRAVIS ST., SUITE 2350 HOUSTON, TEXAS 77002 (713) 525-6263 LYNN HAMILTON BUTLER TEXAS BAR NO. 03527350 LYNN.BUTLER@HUSCHBLACKWELL.COM HUSCH BLACKWELL LLP 111 CONGRESS AVENUE, SUITE 1400 AUSTIN, TEXAS 78701 (512) 472-5456 (MAIN) (512) 479-1101 (FAX) ALEJANDRA GARCIA CASTRO TEXAS BAR NO. 24131325 ALEJANDRA.GARCIACASTRO@HUSCHBLAC KWELL.COM 1900 N. PEARL STREET, SUITE 1800 DALLAS, TEXAS 75201 (214) 981-7053 COUNSEL FOR APPELLANT/ CROSS- APPELLEE CERTIFICATE OF CONFERENCE On January 16, 2025, in accordance with Rule 10.1(a)(5), the office of the undersigned conferred by electronic mail with counsel for Appellees/Cross-Appellants, Brianna Krominga, who agrees to the filing and contents of this joint motion.

/s/ Nicholas D. Stepp Nicholas D. Stepp

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing instrument has been served electronically on all counsel of record on this January 21, 2025, in accordance with Tex. R. App. P. 9(5)(b)(1):

Brianna M. Krominga Assistant Attorney General P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 (214) 290-8884 (Main) (512) 320-0667 (Fax) Brianna.krominga@oag.texas.gov

HB: 4874-6758-6803.1 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.

darlyn castillo on behalf of Nicholas Stepp Bar No. 24077701 darlyn.castillo@huschblackwell.com Envelope ID: 96430319 Filing Code Description: Motion Filing Description: Joint Motion for Extension of Time to File Reply Briefs Status as of 1/21/2025 12:58 PM CST

Associated Case Party: PLS Check Cashers of Texas, Inc.

Name BarNumber Email TimestampSubmitted Status

Nick Stepp nick.stepp@huschblackwell.com 1/21/2025 12:36:19 PM SENT

Lynn H.Butler lynn.butler@huschblackwell.com 1/21/2025 12:36:19 PM SENT

Benjamin Stephens ben.stephens@huschblackwell.com 1/21/2025 12:36:19 PM SENT

Alejandra Garcia Castro Alejandra.GarciaCastro@huschblackwell.com 1/21/2025 12:36:19 PM SENT

Associated Case Party: Texas Department of Housing and Community Affairs

Brianna Krominga 24103252 brianna.krominga@oag.texas.gov 1/21/2025 12:36:19 PM SENT

Tristan AGarza tristan.garza@oag.texas.gov 1/21/2025 12:36:19 PM SENT

Associated Case Party: Bobby Wilkinson

Brianna Krominga brianna.krominga@oag.texas.gov 1/21/2025 12:36:19 PM SENT

Tristan AGarza tristan.garza@oag.texas.gov 1/21/2025 12:36:19 PM SENT

Case Contacts

HBCourtFilings HOU HBCourtFilings-HOU@huschblackwell.com 1/21/2025 12:36:19 PM SENT

Free access — add to your briefcase to read the full text and ask questions with AI

ACCEPTED 15-24-00088-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 1/21/2025 12:36 PM No. 15-24-00088-CV CHRISTOPHER A. PRINE CLERK FILED IN In the Fifteenth Court of Appeals 15th AUSTIN, COURT OF APPEALS TEXAS 1/21/2025 12:36:19 PM PLS Check Cashers of Texas, inc.// Bobby Wilkinson, in his Official CHRISTOPHER A. PRINE Capacity as Executive Director of the Texas Department of Clerk

Housing and Community Affairs, Appellant// Cross-Appellant, v. Texas Department of Housing and Community Affairs, and Bobby Wilkinson, in his Official Capacity as Executive Director of the Texas Department of Housing and Community Affairs// PLS Check Cashers of Texas, inc. Appellees// Cross-Appellee.

On Appeal from the 201st Judicial District Court, Travis County

JOINT MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEFS

Pursuant to Rules 10.5(b) and 38.6(a)(2) of the Texas Rules of

Appellate Procedure, the parties, Appellant/ Cross-Appellee, PLS Check

Cashers of Texas, Inc. (“Appellant”) and Cross-Appellant/Appellee,

Bobby Wilkinson, in his official capacity as Executive Director of the

Texas Department of Housing and Community Affairs

(“TDHCA”)(“Cross-Appellant”) respectfully seek an extension of 15 days

to file their Reply Briefs, through and until February 5, 2025. Appellant’s and Cross-Appellant’s are currently due January 21,

2025.

The parties jointly request this extension primarily because counsel

have been unable to devote adequate time to this matter. Counsel for PLS

Check Cashers, Inc. has a January 23, 2025 hearing in Blackswan Steel,

LLC v. New Age Drywall, LLC, Cause No. 24-CV-1023, in the 212th

District Court, Galveston County, Texas, as well as the following briefs

due:

Reply Brief in Cause No. 14-24-00268-CV, CEMEX Construction

Materials South, LLC and Poarch/Swinbank, LLC v. Tejas Avco, Inc., in

the Fourteenth Court of Appeals at Houston, on January 27, 2025;

Appellant’s Brief in Cause No.05-24-01515-CV, Louis Carter, Jr. v.

Timothy C. Sanders, in the Fifth Court of Appeals at Dallas, on February

2, 2025; and,

Appellant’s Brief in Cause No. 12-24-00326-CV, Lufkin Mall Realty

Holding LLC v. Lufkin Investment Partners LLC, in the Twelfth Court of

Appeals at Tyler, on February 7, 2025. In addition, Counsel for TDHCA and Bobby Wilkinson has been

required to devote time to the following other matters:

As the deadlines for Appellant and Cross-Appellant’s briefs run

concurrently, this request for an extension not for purposes of delay but

in the interest of fairness and so that Appellant’s and Cross-Appellant’s

counsel may have adequate time to prepare the parties’ respective briefs

in light of the above-noted considerations. No party will be prejudiced by

this request.

Prayer

For these reasons, Appellant and Cross-Appellant respectfully

request an extension of 15 days to file their Reply Briefs, through and

until February 5, 2025.

Dated: January 21, 2025. Respectfully submitted,

KEN PAXTON /S/ BRIANNA M. KROMINGA Attorney General of Texas BRIANNA M. KROMINGA Assistant Attorney General BRENT WEBSTER Texas Bar No. 24103252 First Assistant Attorney General Office of the Attorney General RALPH MOLINA General Litigation Division Deputy First Assistant Attorney P.O. Box 12548, Capitol Station General Austin, Texas 78711-2548 (214) 290-8884 (Main) JAMES LLOYD (512) 320-0667 (Fax) Deputy Attorney General for Civil Brianna.krominga@oag.texas.gov Litigation

KIMBERLY GDULA Chief, General Litigation Division

COUNSEL FOR CROSS-APPELLANT/ APPELLEES

/S/ NICHOLAS D. STEPP NICHOLAS D. STEPP TEXAS BAR NO. 24077701 NICK.STEPP@HUSCHBLACKWELL.COM BEN STEPHENS TEXAS BAR. NO. 24098472 BEN.STEPHENS@HUSCHBLACKWELL.COM HUSCH BLACKWELL LLP 600 TRAVIS ST., SUITE 2350 HOUSTON, TEXAS 77002 (713) 525-6263 LYNN HAMILTON BUTLER TEXAS BAR NO. 03527350 LYNN.BUTLER@HUSCHBLACKWELL.COM HUSCH BLACKWELL LLP 111 CONGRESS AVENUE, SUITE 1400 AUSTIN, TEXAS 78701 (512) 472-5456 (MAIN) (512) 479-1101 (FAX) ALEJANDRA GARCIA CASTRO TEXAS BAR NO. 24131325 ALEJANDRA.GARCIACASTRO@HUSCHBLAC KWELL.COM 1900 N. PEARL STREET, SUITE 1800 DALLAS, TEXAS 75201 (214) 981-7053 COUNSEL FOR APPELLANT/ CROSS- APPELLEE CERTIFICATE OF CONFERENCE On January 16, 2025, in accordance with Rule 10.1(a)(5), the office of the undersigned conferred by electronic mail with counsel for Appellees/Cross-Appellants, Brianna Krominga, who agrees to the filing and contents of this joint motion.

/s/ Nicholas D. Stepp Nicholas D. Stepp

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing instrument has been served electronically on all counsel of record on this January 21, 2025, in accordance with Tex. R. App. P. 9(5)(b)(1):

Brianna M. Krominga Assistant Attorney General P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 (214) 290-8884 (Main) (512) 320-0667 (Fax) Brianna.krominga@oag.texas.gov

HB: 4874-6758-6803.1 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.

darlyn castillo on behalf of Nicholas Stepp Bar No. 24077701 darlyn.castillo@huschblackwell.com Envelope ID: 96430319 Filing Code Description: Motion Filing Description: Joint Motion for Extension of Time to File Reply Briefs Status as of 1/21/2025 12:58 PM CST

Associated Case Party: PLS Check Cashers of Texas, Inc.

Name BarNumber Email TimestampSubmitted Status

Nick Stepp nick.stepp@huschblackwell.com 1/21/2025 12:36:19 PM SENT

Lynn H.Butler lynn.butler@huschblackwell.com 1/21/2025 12:36:19 PM SENT

Benjamin Stephens ben.stephens@huschblackwell.com 1/21/2025 12:36:19 PM SENT

Alejandra Garcia Castro Alejandra.GarciaCastro@huschblackwell.com 1/21/2025 12:36:19 PM SENT

Associated Case Party: Texas Department of Housing and Community Affairs

Brianna Krominga 24103252 brianna.krominga@oag.texas.gov 1/21/2025 12:36:19 PM SENT

Tristan AGarza tristan.garza@oag.texas.gov 1/21/2025 12:36:19 PM SENT

Associated Case Party: Bobby Wilkinson

Brianna Krominga brianna.krominga@oag.texas.gov 1/21/2025 12:36:19 PM SENT

Tristan AGarza tristan.garza@oag.texas.gov 1/21/2025 12:36:19 PM SENT

Case Contacts

HBCourtFilings HOU HBCourtFilings-HOU@huschblackwell.com 1/21/2025 12:36:19 PM SENT

Cite This Page — Counsel Stack

Bluebook (online)

PLS Check Cashers of Texas, Inc.// Bobby Wilkinson, in His Official Capacity as Executive Director of the Texas Department of Housing and Community Affairs v. Texas Department of Housing and Community Affairs, and Bobby Wilkinson, in His Official Capacity as Executive Director of the Texas Department of Housing and Community Affairs// Cross-Appellee, PLS Check Cashers of Texas, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/pls-check-cashers-of-texas-inc-bobby-wilkinson-in-his-official-texapp-2025.