Texas Department of Family and Protective Services v. Brilliant Starts Learning Academy, L.L.C.

• Court: Court of Appeals of Texas
• Decided: July 1, 2015
• Docket: 03-15-00363-CV
• Status: Published

Opinion

ACCEPTED 03-15-00363-CV 5895067 THIRD COURT OF APPEALS AUSTIN, TEXAS 7/1/2015 10:40:31 AM JEFFREY D. KYLE CLERK CASE NO. 03-15-00363-CV

FILED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE THIRD JUDICIAL DISTRICT AT AUSTIN, TEXAS 7/1/2015 10:40:31 AM JEFFREY D. KYLE Clerk TEXAS DEPARTMENT OF FAMILY & PROTECTIVE SERVICES,

Appellant,

v.

BRILLIANT STARTS LEARNING ACADEMY, L.L.C.

Appellee.

On Appeal from the 207TH District Court, Comal County, Texas; Cause No. C2015-0676B; before the Honorable Dib Waldrup

APPELLANT’S UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF

KEN PAXTON Pat Tulinski Attorney General of Texas State Bar No. 20283485 Assistant Attorney General CHARLES E. ROY TEXAS ATTORNEY GENERAL’S OFFICE First Assistant Attorney General P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 JAMES E. DAVIS Telephone: (512) 475-4170 Deputy Attorney General for Facsimile: (512) 320-0167 Civil Litigation pat.tulinski@texasattorneygeneral.gov Attorneys for Appellant DAVID A. TALBOT, JR. Chief, Administrative Law Division

Page 1 of 4 Cause No. 03-15-00363-CV Appellant’s Unopposed Motion to Extend Time to File Brief TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:

Now comes Appellant Texas Department of Family & Protective Services,

asking the Court to extend the time to file its brief in Cause Number 03-15-

00363-CV; Trial Court Cause Number C2015-0676B.

Appellant is the Texas Department of Family & Protective Services.

Appellee is Brilliant Starts Learning Academy, L.L.C. There is no specific

deadline to file this motion to extend. See Tex. R. App. P. 38.6(d). Appellant

has conferred with counsel for Appellee, and this request for extension is

unopposed.

The Court has the authority under Texas Rule of Appellate Procedure

38.6(d) to extend the time to file a brief. The Department’s brief is presently

due on July 2, 2015. The Department requests an additional twenty (20) days to

file its brief. If granted, the new due date will be July 22, 2015.

This extension is necessary because counsel for the Department had a

death in her family and was out of the office. Counsel for the Department was

the sole attorney present and participating at the multi-day hearing on the

Temporary Injunction, and she is familiar with the facts and law involved in

this case. There was no other attorney prepared to handle this matter for the

Department. Further, the legal and factual issues are moderately complex and

Page 2 of 4 Cause No. 03-15-00363-CV Appellant’s Unopposed Motion to Extend Time to File Brief require sufficient time to address them properly.

This is the Department’s first motion to extend the deadline. No prior

extensions have been granted. This request is not sought for purposes of delay

but to see that justice is done.

For these reasons, Appellant respectfully requests that this Court grant this

20 day extension of time to file its brief, to be due on July 22, 2015.

SIGNED this 30th day of June, 2015.

Respectfully submitted,

KEN PAXTON Attorney General of Texas

CHARLES E. ROY First Assistant Attorney General

JAMES E. DAVIS Deputy Attorney General for Civil Litigation

DAVID A. TALBOT, JR. Chief, Administrative Law Division

/s/ Pat Tulinski Pat Tulinski TBN 20283485 Assistant Texas Attorney General Administrative Law Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 475-4170

Page 3 of 4 Cause No. 03-15-00363-CV Appellant’s Unopposed Motion to Extend Time to File Brief Facsimile: (512) 320-0167 pat.tulinski@texasattorneygeneral.gov

CERTIFICATE OF CONFERENCE

Pursuant to TRAP 10.1(a)(5), counsel for Appellant conferred with counsel for Appellee and obtained consent to file this motion unopposed.

/s/ Pat Tulinski Pat Tulinski

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the Appellant’s Unopposed Motion to Extend Time to File Brief was transmitted by electronic filing on the 30th day of June, 2015 to the party of record as listed below:

Brilliant Starts Learning Gregory B. Cagle Academy, L.L.C. Regional Attorney Appellee Texas Municipal Police Association 1602B State St. Houston, TX 77007 Telephone: (713) 489-4789 Facsimile: (713) 489-4792 gcagle@tmpalawyer.com

Page 4 of 4 Cause No. 03-15-00363-CV Appellant’s Unopposed Motion to Extend Time to File Brief