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

Opinion

ACCEPTED 03-15-00363-CV 7407551 THIRD COURT OF APPEALS AUSTIN, TEXAS 10/16/2015 11:06:41 AM JEFFREY D. KYLE CLERK No. 03-115-00363-CV

In the Third Court of Appeals FILED IN 3rd COURT OF APPEALS Austin, Texas AUSTIN, TEXAS 10/16/2015 11:06:41 AM JEFFREY D. KYLE Clerk

TEXAS DEPARTMENT OF FAMILY & PROTECTIVE SERVICES,

Appellant,

v.

BRILLIANT STARTS LEARNING ACADEMY, L.L.C.

Appellee

APPEAL FROM CAUSE NO. C2015-0676B TH 207 DISTRICT COURT OF COMAL COUNTY, TEXAS HON. DIP WALDRUP, PRESIDING

_____________________________

APPELLEE’s UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF

Gregory B. Cagle State Bar No. 00790414 1602B State Street Houston, Texas 77007 Telephone: 713-489-4789 Facsimile: 713-489-4792 gcagle@tmpalawyer.com Attorney for Appellee

TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:

Now comes BRILLIANT STARTS LEARNING ACADEMY, L.L.C.,

appellee in the above styled and numbered cause, and moves this Court to grant an

extension of time to file appellee's brief, pursuant to Rule 38.6 of the Texas Rules of

Appellate Procedure, and for good cause shows the following:

1. This case is on appeal from the 207th District Court of Comal County,

Texas.

2. The case below was styled Cause No. 03-15-00363-CV. The Appellee

requests an additional thirty (30) days to file its brief.

3. Appellant is the Texas Department of Family and Protective Services.

Appellee in Brilliant Starts Learning Academy, L.L.C. Appellee has conferred with

counsel for the Appellant, and this request for extension is unopposed.

4, This extension is necessary because counsel for the Appellee needs

additional time to address the issues raised and due to several jury trial settings, has

been unable to devote sufficient time to address them properly.

WHEREFORE, PREMISES CONSIDERED, Appellee prays that this

Court grant this Motion to Extend Time to File Appellee’s Brief, and for such other

and further relief as the Court may deem appropriate.

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Respectfully submitted,

GREGORY B. CAGLE ATTORNEY FOR THE APPELLEE

By:_/s/ Gregory B. Cagle_______ Gregory B. Cagle TBA #00790414 1602B State Street Houston, Texas 77007 Telephone: 713-489-4789 Facsimile: 713-489-4792

CERTIFICATE OF CONFERENCE

I certify that I conferred with counsel for Appellant regarding this motion

and that Appellant is unopposed to this motion.

/s/ Gregory B. Cagle Gregory B. Cagle

CERTIFICATE OF SERVICE

I certify that a true copy of this Notice of Appeal was served in accordance

with rule 9.5 of the Texas Rules of Appellate Procedure on each party or that

party's lead counsel as follows:

TEXAS DEPARTMENT OF FAMILY & PROTECTIVE SERVICES

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Pat Tulinski Assistant Attorney General Texas Attorney General Office P.O. Box 12548, Capital Station Austin, Texas 78711-2548 Telephone: 512-475-4170 Facsimile: 512-320-0167 Pat.tulinski@texasattorneygeneral.gov

__/s/_Gregory B. Cagle___ Gregory B. Cagle