the Chambers-Liberty Counties Navigation District Terry Haltom, in His Individual Capacity as District Commissioner Allen Herrington, in His Individual Capacity as District Commissioner v. State

Opinion

ACCEPTED 03-15-00744-CV 8332950 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/21/2015 5:19:48 PM JEFFREY D. KYLE CLERK CAUSE NO. 03-15-00744-CV __________________________________________________________________ FILED IN IN THE COURT OF APPEALS 3rd COURT OF APPEALS FOR THE THIRD JUDICIAL DISTRICT AUSTIN, TEXAS AUSTIN, TEXAS 12/21/2015 5:19:48 PM JEFFREY D. KYLE __________________________________________________________________ Clerk CHAMBERS-LIBERTY COUNTIES NAVIGATION DISTRICT, et al.,

Appellants,

v.

STATE OF TEXAS,

Appellee. __________________________________________________________________ APPELLANTS’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ BRIEF __________________________________________________________________

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS FOR THE THIRD DISTRICT OF TEXAS:

The Chambers-Liberty Counties Navigation District (the “District”) and the

District’s Commissioners Terry Haltom, Allen Herrington, Ken Coleman, Ken

Mitchell, and Dave Wilcox (collectively, the “Commissioners” and together with

the District the “Appellants”), Appellants in the above styled and numbered cause,

move this Court to grant an extension of time to file Appellants’ Brief, and in

support thereof would respectfully show the Court as follow:

1. Appellants’ Brief is currently due on or before December 29, 2015.

2. Appellants seek a 24-day extension of time to file their Appellants’ Brief, which would make the Appellants’ Brief due on or before January 22, 2016.

3. This extension of time is necessary because the accelerated briefing

schedule would cause Appellants’ brief to be due during a time when Appellants

and their lawyers are on vacation for the Christmas holiday. Conversely, adhering

to the current briefing schedule would interfere with Appellee’s counsel’s holiday

over the New Year.

4. Counsel for Appellants has conferred with counsel for Appellee, and

Appellee does not oppose this Motion.

5. This is the first extension of time Appellants have sought for filing of

its Appellants’ Brief. This motion is not filed for the purpose of delay, but so that

justice may be done.

For these reasons, Appellants request that this Court grant Appellants’

Motion for Extension of Time to File Appellants’ Brief, so that the Appellants’

Brief will be due on or after January 22, 2016. Appellants also request any other

relief to which they may be entitled.

2 Respectfully submitted,

LLOYD GOSSELINK ROCHELLE & TOWNSEND, P.C. 816 Congress Avenue, Suite 1900 Austin, Texas 78701 Telephone: (512) 322-5800 Facsimile: (512) 472-0532

/s/ Lambeth Townsend LAMBETH TOWNSEND State Bar No. 20167500 ltownsend@lglawfirm.com JAMES F. PARKER, III State Bar No. 24027591 jparker@lglawfirm.com NATHAN E. VASSAR State Bar No. 24079508 nvassar@lglawfirm.com

ATTORNEYS FOR APPELLANTS CHAMBERS-LIBERTY COUNTIES NAVIGATION DISTRICT AND ITS COMMISSIONERS

CERTIFICATE OF CONFERENCE Pursuant to Tex. R. App. P. 10.1(a)(5), this certifies that I conferred with counsel for Appellee, Craig Pritzlaff, regarding the merits of this motion, and Appellee does not oppose this motion.

/s/ James F. Parker, III JAMES F. PARKER, III

3 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document has been sent to the following counsel of record, in accordance with the Texas Rules of Appellate Procedure, via electronic transmission on this 21st day of December, 2015: Craig Pritzlaff (craig.pritzlaff@texasattorneygeneral.gov) Steven H. Lord, Jr. (steven.lord@texasattorneygeneral.gov) Office of the Attorney General of Texas P.O. Box 12548, MC-066 Austin, Texas 78711-2548

ATTORNEYS FOR APPELLEE THE STATE OF TEXAS