the County of La Salle v. Joe Weber, in His Official Capacity as Executive Director of the Texas Department of Transportation The Texas Department of Transportation Ted Houghton, in His Official Capacity as Chairman of the Texas Transportation Commission

CourtCourt of Appeals of Texas
DecidedJanuary 14, 2015
Docket03-14-00501-CV
StatusPublished

This text of the County of La Salle v. Joe Weber, in His Official Capacity as Executive Director of the Texas Department of Transportation The Texas Department of Transportation Ted Houghton, in His Official Capacity as Chairman of the Texas Transportation Commission (the County of La Salle v. Joe Weber, in His Official Capacity as Executive Director of the Texas Department of Transportation The Texas Department of Transportation Ted Houghton, in His Official Capacity as Chairman of the Texas Transportation Commission) 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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the County of La Salle v. Joe Weber, in His Official Capacity as Executive Director of the Texas Department of Transportation The Texas Department of Transportation Ted Houghton, in His Official Capacity as Chairman of the Texas Transportation Commission, (Tex. Ct. App. 2015).

Opinion

ACCEPTED 03-14-00501-CV 3764498 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/14/2015 12:04:42 PM JEFFREY D. KYLE CLERK No. 03-14-00501-CV

In the Court of Appeals FILED IN 3rd COURT OF APPEALS for the Third Judicial District AUSTIN, TEXAS 1/14/2015 12:04:42 PM at Austin, Texas JEFFREY D. KYLE Clerk

THE COUNTY OF LA SALLE, Appellant, v.

JOE WEBER, IN HIS OFFICIAL CAPACITY AS EXECUTIVE DIRECTOR OF THE TEXAS DEPARTMENT OF TRANSPORTATION; TED HOUGHTON, IN HIS OFFICIAL CAPACITY AS CHAIRMAN OF THE TEXAS TRANSPORTATION COMMISSION; ET AL., Appellees.

On Appeal from the 353rd Judicial District Court of Travis County, Texas

UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME

TO THE HONORABLE THIRD COURT OF APPEALS:

Appellees move to extend the time to file Appellees’ brief pursuant to

Texas Rules of Appellate Procedure 38.6(d) and 10.5(b).

I.

Appellees’ brief is due on January 21, 2015. Appellees request an

additional 30 days to file their brief, extending the time to file to February

20, 2015. II.

This extension is not sought for delay and will prejudice no party. No

previous extensions have been requested for this filing. Appellees’ counsel

has just been assigned the case and needs the additional time to become

familiar with the issues and record in order to provide the Court with helpful

and accurate briefing. This effort has been made more difficult, because on

December 19, 2014, the Supreme Court set Life Partners, Inc. v. State of

Texas, No. 14-0226, for argument on January 15, 2015, and because counsel

has a merits-briefing deadline in Texas Department of State Health Services

v. Balquinta, No. 14-0270, due on January 21, 2015.

III.

Appellees respectfully request that the Court grant a 30 day extension

to file their brief, creating a new deadline of February 20, 2015. Respectfully submitted,

KEN PAXTON Attorney General of Texas

CHARLES E. ROY First Assistant Attorney General

SCOTT KELLER Solicitor General

/s/ Kristofer S. Monson KRISTOFER S. MONSON Assistant Solicitor General State Bar No. 24037129

OFFICE OF THE ATTORNEY GENERAL P.O. Box 12548 (MC 059) Austin, Texas 78711-2548 (512) 936-1700 (512) 474-2697 [fax] kristofer.monson@texasattorneygeneral.gov

COUNSEL FOR APPELLEES CERTIFICATE OF CONFERENCE

I hereby certify that on January 5, 2015 I contacted counsel for

Appellant. Counsel does not oppose this motion.

CERTIFICATE OF SERVICE

On January 14, 2015, Appellees’ motion for extension of time was

served via File & ServXpress on:

Don Cruse Law Office of Don Cruse 1108 Lavaca St. #110-436 Austin, TX 78701 don.cruse@texasappellate.com

COUNSEL FOR APPELLANT

/s/ Kristofer S. Monson KRISTOFER S. MONSON

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