Robert Edward Battaile v. Texas Elections Division; Hon. Jane Nelson; Texas Secretary of State

Opinion

ACCEPTED 15-25-00142-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 9/15/2025 6:39 PM CHRISTOPHER A. PRINE CLERK Cause No. 15-25-00142-CV

IN THE COURT OF APPEALS

FIFTEENTH DISTRICT OF TEXAS AT AUSTIN

ROBERT EDWARD BATTAILE, Appellant

v.

STATE OF TEXAS, KEN PAXTON, JANE NELSON et al., Appellees

__________________________________________________________________

MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF

TO THE HONORABLE JUSTICES OF THE FIFTEENTH COURT OF

APPEALS:

Appellant, Robert Edward Battaile, appearing pro se, respectfully moves this Court

for an extension of time to file his appellate brief and shows as follows:

1 Current Deadline. Appellant’s brief is presently due on Sept 28, 2025

2 Requested Extension. Appellant requests an additional 14 days, making the

new deadline Oct 2, 2025.

3 Reason for Extension.

a) This request is not made for delay but so that justice may be done. The clerk’s record is voluminous and involves multiple defendants and issues.

b) Appellant will be filing a Writ of Mandamus on or before Sept 17, 2025;

also involving additional newly discovered issues of irreparable historic

landmark destruction at the Manor Downs racetrack.

c) The Court Reporters’ records of five hearings going back to May 13th

were delayed until Aug 18 despite numerous requests for their production,

thus requiring extra time to review; and one hearing was not recorded at all.

d) In addition, Appellant is proceeding pro se and requires additional time to

prepare a complete and accurate brief that will aid the Court in its review.

5 Prior Extensions. This is Appellant’s first request for an extension of time

to file his brief.

WHEREFORE, PREMISES CONSIDERED, Appellant respectfully prays that the

Court grant this Motion and extend the deadline for filing his appellate brief on or

before Oct 2, and for such other relief to which he may be justly entitled.

Respectfully submitted, /s/ Robert Edward Battaile Robert Edward Battaile, Pro Se 502 E Eggleston St Unit B, Manor TX 78653 robert@manortx.us CERTIFICATE OF CONFERENCE

Appellant certifies that he has not recently attempted further conference with

counsel for all Appellees because many of them were only formally added as

appellees within the last two days. However, from the outset of this litigation,

including in the initial filings and in open court at prior hearings, Appellant has

repeatedly requested that the parties engage in mediation. To date, those requests

have not been accepted.

CERTIFICATE OF SERVICE

I certify that a true and correct copy of this Motion was served on all Appellees’

counsel of record on Sep 12, 2025, via eService through the Court’s electronic

filing system, and certified mail if needed.

/s/ Robert Edward Battaile Robert Edward Battaile, Appellant IN THE COURT OF APPEALS

FIFTEENTH DISTRICT OF TEXAS

AT AUSTIN

ROBERT EDWARD BATTAILE, Appellant

v.

STATE OF TEXAS, KEN PAXTON, JANE NELSON et al, Appellees

Cause No. 15-25-00142-CV

ORDER

On this day, the Court considered Appellant’s Motion for Extension of Time to

File Brief. After reviewing the motion, the Court is of the opinion that it should be

GRANTED.

IT IS THEREFORE ORDERED that Appellant’s Motion for Extension of Time is

GRANTED. Appellant’s brief shall be filed on or before Oct 2, 2025.

SIGNED this ___ day of __________, 2025.

\n______________________________

Justice, Fifteenth Court of Appeals 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.

Envelope ID: 105613828 Filing Code Description: Motion - Exempt Filing Description: Motion for Extension of Time to File Brief Status as of 9/16/2025 7:03 AM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Jeffrey Hobbs 24012837 jhobbs@abaustin.com 9/15/2025 6:39:37 PM SENT

Michael Kabat 24050847 mkabat@mcginnislaw.com 9/15/2025 6:39:37 PM SENT

Joanna Salinas 791122 joanna.salinas@fletcherfarley.com 9/15/2025 6:39:37 PM SENT

William Davidson 5447000 bdavidson@chmc-law.com 9/15/2025 6:39:37 PM SENT

Gavin Villareal 24008211 gavin.villareal@bakerbotts.com 9/15/2025 6:39:37 PM SENT

Michael Roberts 24082153 mroberts@jw.com 9/15/2025 6:39:37 PM SENT

Cynthia Veidt 24028092 cynthia.veidt@traviscountytx.gov 9/15/2025 6:39:37 PM SENT

Stephanie Serrano 24092655 sserrano@rothberg.law 9/15/2025 6:39:37 PM SENT

Kevin O'Hanlon 15235500 kohanlon@808west.com 9/15/2025 6:39:37 PM SENT

Patrick Kelly 11228000 pat.kelly@traviscountytx.gov 9/15/2025 6:39:37 PM SENT

Tyler Ryska 24096597 tryska@rigbyslack.com 9/15/2025 6:39:37 PM SENT

Austin Jones 24116579 ajones@mcginnislaw.com 9/15/2025 6:39:37 PM SENT

William Duncan 24124453 wduncan@rigbyslack.com 9/15/2025 6:39:37 PM SENT

Roy Adams roy.adams@oag.texas.gov 9/15/2025 6:39:37 PM SENT

Tristan AGarza tristan.garza@oag.texas.gov 9/15/2025 6:39:37 PM SENT

Lauren Bush 24142742 lbush@jw.com 9/15/2025 6:39:37 PM SENT

Anna Puff 24144206 apuff@sneedvine.com 9/15/2025 6:39:37 PM SENT

Edward Smith 24037790 esmith@808west.com 9/15/2025 6:39:37 PM SENT

Robert EdwardBattaile robert@manortx.us 9/15/2025 6:39:37 PM SENT

Annette Bittick abittick@mcginnislaw.com 9/15/2025 6:39:37 PM SENT

Patricia Muniz paralegal@rigbyslack.com 9/15/2025 6:39:37 PM SENT

Raylynn Howell raylynn.howell@bakerbotts.com 9/15/2025 6:39:37 PM SENT 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.

Envelope ID: 105613828 Filing Code Description: Motion - Exempt Filing Description: Motion for Extension of Time to File Brief Status as of 9/16/2025 7:03 AM CST

Case Contacts

Raylynn Howell raylynn.howell@bakerbotts.com 9/15/2025 6:39:37 PM SENT

Kim McBride kmcbride@mcginnislaw.com 9/15/2025 6:39:37 PM SENT

Lea Ohrstrom lohrstrom@808west.com 9/15/2025 6:39:37 PM SENT

Sneed Vine &Perry gtwnfilings@sneedvine.com 9/15/2025 6:39:37 PM SENT

Stormy Downing sdowning@rrspllc.com 9/15/2025 6:39:37 PM SENT

Andy Soule asoule@rrspllc.com 9/15/2025 6:39:37 PM SENT

Karah Powers kpowers@chmc-law.com 9/15/2025 6:39:37 PM SENT

Martha AnnAdams madams@abaustin.com 9/15/2025 6:39:37 PM SENT

Benjamin C. Hunt ben.hunt@bakerbotts.com 9/15/2025 6:39:37 PM SENT

Eldridge Burns eburns@rrspllc.com 9/15/2025 6:39:37 PM SENT

Amy Botelho abotelho@mcginnislaw.com 9/15/2025 6:39:37 PM SENT

Carol Shipley cshipley@rrspllc.com 9/15/2025 6:39:37 PM SENT

Emily Hill ehill@manortx.gov 9/15/2025 6:39:37 PM SENT

Anne Weir aweir@manortx.gov 9/15/2025 6:39:37 PM SENT