Texas State Board of Examiners of Marriage and Family Therapists Cheryl Gomez in Her Capacity as Executive Director Michael Puhl, in His Capacity as Presiding Officer Texas Association for Marriage and Family Therapy v. Texas Medical Association

CourtCourt of Appeals of Texas
DecidedApril 20, 2015
Docket15-0299
StatusPublished

This text of Texas State Board of Examiners of Marriage and Family Therapists Cheryl Gomez in Her Capacity as Executive Director Michael Puhl, in His Capacity as Presiding Officer Texas Association for Marriage and Family Therapy v. Texas Medical Association (Texas State Board of Examiners of Marriage and Family Therapists Cheryl Gomez in Her Capacity as Executive Director Michael Puhl, in His Capacity as Presiding Officer Texas Association for Marriage and Family Therapy v. Texas Medical Association) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Texas State Board of Examiners of Marriage and Family Therapists Cheryl Gomez in Her Capacity as Executive Director Michael Puhl, in His Capacity as Presiding Officer Texas Association for Marriage and Family Therapy v. Texas Medical Association, (Tex. Ct. App. 2015).

Opinion

FILED 15-0299 4/20/2015 11:01:54 AM tex-4948712 SUPREME COURT OF TEXAS BLAKE A. HAWTHORNE, CLERK

No. ___________ In the Supreme Court of Texas TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS; CHERYL GOMEZ IN HER CAPACITY AS EXECUTIVE DIRECTOR; MICHAEL PUHL, IN HIS CAPACITY AS PRESIDING OFFICER; TEXAS ASSOCIATION FOR MARRIAGE AND FAMILY THERAPY, Petitioners, v. TEXAS MEDICAL ASSOCIATION, Respondent.

On Petition for Review to the Third Court of Appeals at Austin, Texas

UNOPPOSED JOINT MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR REVIEW

Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 53.7(f),

Petitioners, the Texas State Board of Examiners of Marriage and Family

Therapists, Cheryl Gomez, Michael Puhl,* and the Texas Association for

Marriage and Family Therapy, file this unopposed joint motion for extension

* Cheryl Gomez and Michael Puhl have replaced Charles Horton and Sandra DeSobe, the parties to the judgments below, as executive director and presiding officer, respectively. They are automatically substituted as the parties in this Court pursuant to Texas Rule of Appellate Procedure 7.2(a). of time requesting a 31-day extension of time to file their Petition for Review.

No prior extensions have been requested.

I.

This case comes to the Court from the Third Court of Appeals in

Austin, Texas. The case number in that court was 03-13-00077-CV, and the

style was the same, Texas State Board of Examiners of Marriage and

Family Therapists, et al. v. Texas Medical Association. The court of

appeals’ judgment issued on November 21, 2014. Petitioners filed a motion

for en banc reconsideration on December 8, 2014. The court denied

Petitioners’ motion on March 10, 2015.

II.

Petitioners’ Petition for Review is currently due on Friday, April 24.

See TEX. R. APP. P. 53.7(a)(2). Petitioners seek a 31-day extension of that

deadline, which would make their petition due on or before Monday, May 25,

2015.

III.

Counsel for both the Texas State Board of Examiners of Marriage and

Family Therapists and the Texas Association for Marriage and Family

Therapy have had multiple briefing deadlines in other cases in the weeks

2 leading up to the current April 24, 2015 deadline. Petitioners respectfully

request this additional time not for purposes of delay, but to review the

record on appeal and to analyze the relevant law so as to provide the Court

with a thorough and helpful brief. This is Petitioners’ first such request, and

counsel for Respondent does not oppose it.

3 PRAYER

Petitioners respectfully request the Court to grant their motion for

extension of time to extend the deadline of their Petition for Review to May

25, 2015.

Respectfully submitted.

BAKER BOTTS L.L.P. KEN PAXTON Attorney General of Texas /s/ Thomas R. Phillips THOMAS R. PHILLIPS CHARLES E. ROY State Bar No. 00000102 First Assistant Attorney General

DAVID T. ARLINGTON SCOTT A. KELLER State Bar No. 00790238 Solicitor General GAVIN R. VILLAREAL State Bar No. 24008211 /s/ Dustin M. Howell DUSTIN M. HOWELL 98 San Jacinto Blvd., Suite 1500 Assistant Solicitor General Austin, Texas 78701-4039 State Bar No. 24050169 Tel.: (512) 322-2678 Fax: (512) 322-8392 OFFICE OF THE ATTORNEY GENERAL tom.phillips@bakerbotts.com P.O. Box 12548 (MC-059) Austin, Texas 78711-2548 COUNSEL FOR APPELLANT/CROSS- Tel.: (512) 936-0826 APPELLEE TEXAS ASSOC. FOR Fax: (512) 474-2697 MARRIAGE AND FAMILY THERAPY dustin.howell@texasattorneygeneral.gov

COUNSEL FOR APPELLANTS/CROSS- APPELLEES TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS, CHERYL GOMEZ, AND MICHAEL PUHL

4 CERTIFICATE OF CONFERENCE

On April 19, 2015, undersigned counsel conferred by email with counsel

for respondent, David Bragg, who confirmed this motion is unopposed.

/s/ Dustin M. Howell DUSTIN M. HOWELL

CERTIFICATE OF SERVICE

On April 20, 2015, this motion was served via File & Serve Xpress and

email on:

David F. Bragg LAW OFFICES OF DAVID F. BRAGG, P.C. 1010 Chestnut St. Bastrop, Texas 78602 Fax: (512) 581-0245 dfbragg@sbcglobal.net

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Texas State Board of Examiners of Marriage and Family Therapists Cheryl Gomez in Her Capacity as Executive Director Michael Puhl, in His Capacity as Presiding Officer Texas Association for Marriage and Family Therapy v. Texas Medical Association, Counsel Stack Legal Research, https://law.counselstack.com/opinion/texas-state-board-of-examiners-of-marriage-and-family-therapists-cheryl-texapp-2015.