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

Opinion

ACCEPTED 03-15-00363-CV 6936212 THIRD COURT OF APPEALS AUSTIN, TEXAS 9/15/2015 3:20:05 PM 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 9/15/2015 3:20:05 PM 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 AGREED THIRD 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

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. This motion is timely

filed. See Tex. R. App. P. 38.6(d). Appellant has conferred with counsel for

Appellee, and this third request for extension is agreed or 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 was due on

September 1, 2015. It is being filed today, along with this motion for extension.

Counsel for DFPS had two deaths in her family, one requiring the first

motion for extension and the second requiring the second motion for extension.

Counsel is back at work and completed this brief for filing as expeditiously as

she was able.

This is the Department’s third motion to extend the deadline, and the

request is not sought for purposes of delay but to see that justice is done. The

Brief is being filed simultaneously with this Motion.

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

Page 2 of 4 Cause No. 03-15-00363-CV 15-day extension of time to file its brief, to be due today, on September 15,

2015.

SIGNED this 15th day of September, 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 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 as agreed or unopposed.

Page 3 of 4 Cause No. 03-15-00363-CV /s/ Pat Tulinski Pat Tulinski

CERTIFICATE OF SERVICE

I certify that, on September 15, 2015, a true and correct copy of the Appellant’s Agreed Third Motion to Extend Time to File Brief was transmitted by electronic filing and e-mail on the 15th day of September, 2015 to the party of record as shown 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

/s/ Pat Tulinski Pat Tulinski

Page 4 of 4 Cause No. 03-15-00363-CV