Texas Association of Acupuncture and Oriental Medicine v. Texas Board of Chiropractic Examiners And Patricia Gilbert, Executive Director in Her Official Capacity

• Court: Court of Appeals of Texas
• Decided: August 31, 2016
• Docket: 03-15-00262-CV
• Status: Published

Opinion

ACCEPTED 03-15-00262-CV 12463245 THIRD COURT OF APPEALS AUSTIN, TEXAS 8/31/2016 10:36:10 AM JEFFREY D. KYLE CLERK

No. 03-15-00262-CV FILED IN 3rd COURT OF APPEALS In the Court of Appeals AUSTIN, TEXAS Third District of Texas — Austin 8/31/2016 10:36:10 AM JEFFREY D. KYLE Clerk

TEXAS ASSOCIATION OF ACUPUNCTURE AND ORIENTAL MEDICINE, Appellant, v.

TEXAS BOARD OF CHIROPRACTIC EXAMINERS AND PATRICIA GILBERT, EXECUTIVE DIRECTOR IN HER OFFICIAL CAPACITY, Appellees.

On Appeal from 201st District Court, Travis County, Texas Cause No. D-1-GN-14-000355

APPELLANT’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR REHEARING

Pursuant to Texas Rules of Appellate Procedure 49.8, Appellant Texas

Association of Acupuncture and Oriental Medicine (“Association”) files this

unopposed motion for extension of time seeking an additional 15 days, until

September 19, 2016 to file its motion for rehearing.

1. On August 18, 2016, this Court issued an Opinion affirming in part

and reversing and remanding in part the trial courts judgment.

2. Appellant’s current deadline to file a motion for rehearing is

September 2, 2016.

1 3. Appellant seeks a 15-day extension until and including September 19,

2016, to allow its counsel an opportunity to fully analyze and brief the issues for a

motion for rehearing.

4. This is the Association’s first request for an extension of time and it is

sought in the interest of justice and not for purposes of delay.

5. Counsel for Appellees does not oppose this motion.

PRAYER

Appellant Texas Association of Acupuncture and Oriental Medicine

respectfully prays that this Court grant this unopposed motion for extension of time

until and including September 19, 2016, for the filing of its motion for rehearing,

and award it all further relief to which it may be justly entitled.

Respectfully submitted, By: /s/ Craig T. Enoch Craig T. Enoch (SBN 00000026) cenoch@enochkever.com Melissa A. Lorber (SBN 24032969) mlorber@enochkever.com Shelby O’Brien (SBN 24037203) sobrien@enochkever.com ENOCH KEVER PLLC 600 Congress Avenue, Suite 2800 Austin, Texas 78701 512.615.1200 / 512.615.1198 fax ATTORNEYS FOR TEXAS ASSOCIATION OF ACUPUNCTURE AND ORIENTAL MEDICINE

2 CERTIFICATE OF CONFERENCE

As evidenced by my signature below, counsel for the Appellant has conferred with counsel for Appellees. Appellees do not oppose this motion.

/s/ Shelby O’Brien Shelby O’Brien

CERTIFICATE OF SERVICE

I hereby certify that, on August 31, 2016, the forgoing document was served via electronic service on the following:

Joe H. Thrash Assistant Attorney General Administrative Law Division P.O. Box 12548 Austin, Texas 78711 Joe.Thrash@texasattorneygeneral.gov