Home/Court of Appeals of Texas/State of Texas, Acting by and Through the Texas Facilities Commission, for and on Behalf of the Texas Health and Human Services Commission; The Texas Facilities Commission; Mike Novak, in His Official Capacity as Executive Director of the Texas Facilities Commission; The Texas Health and Human Services Commission; And Rolland Niles in His Official Capacity as Deputy Executive Commissioner for the System Support Services Division of the Texas Health and Human Services Commission v. 8317 Cross Park, LLC

State of Texas, Acting by and Through the Texas Facilities Commission, for and on Behalf of the Texas Health and Human Services Commission; The Texas Facilities Commission; Mike Novak, in His Official Capacity as Executive Director of the Texas Facilities Commission; The Texas Health and Human Services Commission; And Rolland Niles in His Official Capacity as Deputy Executive Commissioner for the System Support Services Division of the Texas Health and Human Services Commission v. 8317 Cross Park, LLC

Court of Appeals of Texas·Decided March 28, 2025·No. 15-25-00012-CV·Published

Opinion

ACCEPTED 15-25-00012-cv FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 3/28/2025 3:17 PM No. 15-25-00012-CV CHRISTOPHER A. PRINE CLERK FILED IN

In the Fifteenth Court of Appeals 15th COURT OF APPEALS AUSTIN, TEXAS 3/28/2025 3:17:08 PM

Austin, Texas CHRISTOPHER A. PRINE Clerk

The State of Texas, et al.,

Appellants,

v.

8317 Cross Park, LLC,

Appellee.

On Appeal from the 98th Judicial District of Travis County, No. D-1-GN-23-006445

Unopposed Motion for Extension of Time to File Appellee’s Brief

1. Appellee 8317 Cross Park asks the Court to grant it a 30- day

extension of time to file the Brief of Appellee in this appeal.

2. The current due date is April 7, 2025. The new due date would be May

7, 2025.

3. Appellee does not seek this extension for delay.

4. This is the first extension Appellee has sought for its brief. 5. Appellants do not oppose this extension.

6. The following grounds provide additional good cause for extending the

time to file the Appellee’s brief:

• Appellate counsel for Appellee, J. Bruce Bennett, is new to this case and an extension would allow sufficient time to review the record from the proceedings below and address the issues on appeal. Conclusion and Prayer

For these reasons, Appellee requests a 30-day extension of time to file Appellee’s

Brief, to May 7, 2025.

Respectfully submitted,

LAW OFFICES OF R. KEMP KASLING, P.C. 5806 Mesa Drive, Suite 300 Austin, Texas 78731 (512) 472-6800 (512) 472-6823 – FAX Email: kkasling@kaslinglaw.com

By: __R. Kemp Kasling______ R. Kemp Kasling State Bar No. 11104800

ATTORNEYS FOR APPELLEE Certificate of Conference

I certify that on March 28. 2025, I conferred by e-mail with Alyssa Bixby-

Lawson, counsel for Appellants, who represented that Appellants does not oppose

the relief sought through this motion.

By: /s/ R. Kemp Kasling______ R. Kemp Kasling

CERTIFICATE OF SERVICE

By my signature above, counsel for Appellee hereby certifies that a true and correct copy of the above and foregoing pleading has been served on all Appellants’ counsel of record via e-service and email on March 28, 2025, to:

Jennie H. Hilbig Alyssa Bixby-Lawson Assistant Attorney General Attorney-in-Charge General Litigation Division Assistant Attorney General Office of the Attorney General General Litigation Division P.O. Box 12548, Capitol Station P. O. Box 12548, Capitol Station Austin, Texas 78711-2548 Austin, Texas 78711-2548 Jennie.Hilbig@oag.texas.gov Alyssa.Bixby-Lawson@oag.texas.gov Counsel for Appellant State of Texas Counsel for Appellant State of Texas 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.

Mary Cook on behalf of Roy Kasling Bar No. 11104800 macook@khdalaw.com Envelope ID: 99030331 Filing Code Description: Motion Filing Description: Unopposed Motion for Extension of Time to File Appellee's Brief Status as of 3/28/2025 3:25 PM CST

Associated Case Party: State of Texas

Name BarNumber Email TimestampSubmitted Status

Victoria Gomez victoria.gomez@oag.texas.gov 3/28/2025 3:17:08 PM SENT

Alyssa Bixby-Lawson alyssa.bixby-lawson@oag.texas.gov 3/28/2025 3:17:08 PM SENT

Associated Case Party: 8317 Cross Park, LLC

Name BarNumber Email TimestampSubmitted Status

Kemp Kasling kkasling@kaslinglaw.com 3/28/2025 3:17:08 PM SENT

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

State of Texas, Acting by and Through the Texas Facilities Commission, for and on Behalf of the Texas Health and Human Services Commission; The Texas Facilities Commission; Mike Novak, in His Official Capacity as Executive Director of the Texas Facilities Commission; The Texas Health and Human Services Commission; And Rolland Niles in His Official Capacity as Deputy Executive Commissioner for the System Support Services Division of the Texas Health and Human Services Commission v. 8317 Cross Park, LLC, (Tex. Ct. App. 2025).

State of Texas, Acting by and Through the Texas Facilities Commission, for and on Behalf of the Texas Health and Human Services Commission; The Texas Facilities Commission; Mike Novak, in His Official Capacity as Executive Director of the Texas Facilities Commission; The Texas Health and Human Services Commission; And Rolland Niles in His Official Capacity as Deputy Executive Commissioner for the System Support Services Division of the Texas Health and Human Services Commission v. 8317 Cross Park, LLC (State of Texas, Acting by and Through the Texas Facilities Commission, for and on Behalf of the Texas Health and Human Services Commission; The Texas Facilities Commission; Mike Novak, in His Official Capacity as Executive Director of the Texas Facilities Commission; The Texas Health and Human Services Commission; And Rolland Niles in His Official Capacity as Deputy Executive Commissioner for the System Support Services Division of the Texas Health and Human Services Commission v. 8317 Cross Park, LLC) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.