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 Cause No. 15-25-00142-CV 9/30/2025 1:05 PM IN THE COURT OF APPEALS CHRISTOPHER A. PRINE FIFTEENTH DISTRICT OF TEXAS AT AUSTIN CLERK FILED IN 15th COURT OF APPEALS ROBERT EDWARD BATTAILE, Appellant AUSTIN, TEXAS 9/30/2025 1:05:00 PM v. CHRISTOPHER A. PRINE Clerk
STATE OF TEXAS, KEN PAXTON, JANE NELSON et al., Appellees
MOTION FOR SECOND 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 Oct 2, 2025.
2. Requested Extension. Appellant requests an additional 10 days, making the
new deadline Oct 12, 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 insufficient and the Appellant noted at least 11 documents (260 pages in
total) that never got transferred to the 15th Court for the Judges' review.
b) On Sep 28, 2025, Appellant filed the MOTION TO SUPPLEMENT THE CLERK'S
RECORD WITH OMITTED ITEMS that were not included in the transition from D-1-
GN-25-000719-CV to 3-25-00484-CV and on to the 15th Court. The filing included an Affidavit and 11 date-stamped documents that were omitted, including
i) PLAINTIFF'S SECOND AMENDMENT TO PETITION TO CONTEST 2024
MANOR TEXAS CITY COUNCIL AND MAYORAL ELECTION AND TO CAUSE
NEW ELECTION BE HELD; and
ii) CHALLENGE TO THE CONSTITUTIONALITY OF A STATE
STATUTE.
4. Appellant also contacted the Travis County Clerk's office with the Letter submitted to
the court; and the followup email conversation from Max Hernandez is attached in
chronological order to wit:
a) Exhibit A. Mr. Hernandez's initial response on Sep 29, 2025 at 9:20 am;
b) Exhibit B. Appellant's response at 10:41 am;
c) Exhibit C. Mr. Hernandez's second response at 12:38 pm; and
d) Exhibit D. Appellant's final response at 3:01 pm.
5. These Responses leave the Appellant with no timeframe as to the transfer; and no
confidence that it will even happen unless the 15th Court ORDERS that these actions be
done. Appellant recommends ordering a deadline of three days for this simple chore that
should have already been completed.
6. Prior Extensions. This is Appellant’s second 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 12, 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 few 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 30, 2025, via eService through the Court’s electronic
filing system, and certified mail if needed.
/s/ Robert Edward Battaile Robert Edward Battaile, Appellant Pro Se 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
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 12, 2025.
SIGNED this ___ day of __________, 2025.
\n______________________________
Justice, Fifteenth Court of Appeals Exhibit 1 15-25-00142-CV Exhibit 2 15-25-00142-CV Exhibit 3 15-25-00142-CV Exhibit 4 15-25-00142-CV 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: 106260234 Filing Code Description: Motion - Exempt Filing Description: MOTION FOR SECOND EXTENSION OF TIME TO FILE APPELLANT'S BRIEF Status as of 9/30/2025 1:39 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Jeffrey Hobbs 24012837 jhobbs@abaustin.com 9/30/2025 1:05:00 PM SENT
Michael Kabat 24050847 mkabat@mcginnislaw.com 9/30/2025 1:05:00 PM SENT
Joanna Salinas 791122 joanna.salinas@fletcherfarley.com 9/30/2025 1:05:00 PM SENT
William Davidson 5447000 bdavidson@chmc-law.com 9/30/2025 1:05:00 PM SENT
Gavin Villareal 24008211 gavin.villareal@bakerbotts.com 9/30/2025 1:05:00 PM SENT
Michael Roberts 24082153 mroberts@jw.com 9/30/2025 1:05:00 PM SENT
Cynthia Veidt 24028092 cynthia.veidt@traviscountytx.gov 9/30/2025 1:05:00 PM SENT
Stephanie Serrano 24092655 sserrano@rothberg.law 9/30/2025 1:05:00 PM SENT
Kevin O'Hanlon 15235500 kohanlon@808west.com 9/30/2025 1:05:00 PM SENT
Patrick Kelly 11228000 pat.kelly@traviscountytx.gov 9/30/2025 1:05:00 PM SENT
Tyler Ryska 24096597 tryska@rigbyslack.com 9/30/2025 1:05:00 PM SENT
Austin Jones 24116579 ajones@mcginnislaw.com 9/30/2025 1:05:00 PM SENT
William Duncan 24124453 wduncan@rigbyslack.com 9/30/2025 1:05:00 PM SENT
Roy Adams roy.adams@oag.texas.gov 9/30/2025 1:05:00 PM SENT
Tristan AGarza tristan.garza@oag.texas.gov 9/30/2025 1:05:00 PM SENT
Lauren Bush 24142742 lbush@jw.com 9/30/2025 1:05:00 PM SENT
Anna Puff 24144206 apuff@sneedvine.com 9/30/2025 1:05:00 PM SENT
Edward Smith 24037790 esmith@808west.com 9/30/2025 1:05:00 PM SENT
Robert EdwardBattaile robert@manortx.us 9/30/2025 1:05:00 PM SENT
Annette Bittick abittick@mcginnislaw.com 9/30/2025 1:05:00 PM SENT
Patricia Muniz paralegal@rigbyslack.com 9/30/2025 1:05:00 PM SENT
Raylynn Howell raylynn.howell@bakerbotts.com 9/30/2025 1:05:00 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: 106260234 Filing Code Description: Motion - Exempt Filing Description: MOTION FOR SECOND EXTENSION OF TIME TO FILE APPELLANT'S BRIEF Status as of 9/30/2025 1:39 PM CST
Case Contacts
Raylynn Howell raylynn.howell@bakerbotts.com 9/30/2025 1:05:00 PM SENT
Kim McBride kmcbride@mcginnislaw.com 9/30/2025 1:05:00 PM SENT
Lea Ohrstrom lohrstrom@808west.com 9/30/2025 1:05:00 PM SENT
Sneed Vine &Perry gtwnfilings@sneedvine.com 9/30/2025 1:05:00 PM SENT
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