the Texas Education Agency and Mike Morath, Commissioner of Education, in His Official Capacity v. Academy of Careers and Technologies, Inc. D/B/A Academy of Careers and Technologies Charter School

Opinion

ACCEPTED 03-15-00528-CV 7753727 THIRD COURT OF APPEALS AUSTIN, TEXAS 11/9/2015 5:34:24 PM JEFFREY D. KYLE CLERK No. 03-15-00528-CV FILED IN In the Third Court of Appeals 3rd AUSTIN, COURT OF APPEALS TEXAS Austin, Texas 11/9/2015 5:34:24 PM JEFFREY D. KYLE Clerk

TEXAS EDUCATION AGENCY AND MICHAEL WILLIAMS, COMMISSIONER OF EDUCATION, IN HIS OFFICIAL CAPACITY,

Appellants

v.

ACADEMY OF CAREERS AND TECHNOLOGIES, INC. D/B/A ACADEMY OF CAREERS AND TECHNOLOGIES CHARTER SCHOOL,

Appellee

ACCELERATED APPEAL FROM CAUSE NO. D-1-GN-15-002879 200TH JUDICIAL DISTRICT COURT OF TRAVIS COUNTY, TEXAS

MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF

TO THE HONORABLE THIRD COURT OF APPEALS:

Appellee Academy of Careers and Technologies, Inc. d/b/a Academy of

Careers and Technologies Charter School file this motion requesting a 30-day

extension of time for filing its brief in this appeal. Appellee respectfully shows:

1. Appellee’s brief is currently due on November 9, 2015.

2. Appellee requests a 30-day extension of time, or until December 9,

2015, for filing its brief. Appellee has requested no previous extensions. 3. The undersigned counsel was not involved in the trial court

proceeding until after the temporary injunction/plea to the jurisdiction hearing and

has been given sole responsibility for preparing Appellee’s brief. Counsel needs

additional time to review the record, conduct the necessary research, and prepare a

brief that will assist the Court in resolving this appeal.

4. The demands of other cases have also made this motion necessary.

Specifically, the undersigned has been occupied with or is managing conflicting

deadlines for the following matters:

• attending the 40-hour basic mediation training course offered twice annually through the Dispute Resolution Center in Austin;

• preparing for and participating in a bench trial and preparing post- trial briefs in Johnson Ranch Municipal Utility District v. Patricia Lux Graham and Margie Hastings, Cause No. C2014-0438B in the 207th Judicial District Court of Comal County, Texas;

• a reply in support of the petition for review in Tom Bennett and James B. Bonham Corporation v. Larry Wayne Grant, No. 15- 0338 in the Supreme Court of Texas. CERTIFICATE OF CONFERENCE

I certify that I have attempted to confer with Appellant’s counsel, Erika

Laremont, about the merits of this motion, but did not receive a return email before

filing this motion.

/s/ D. Todd Smith D. Todd Smith

2 CONCLUSION AND PRAYER

For these reasons, Appellee respectfully asks the Court to grant this motion

for extension of time, thus making its brief due on December 9, 2015. Appellee

requests all other appropriate relief to which it is entitled.

Respectfully submitted,

SMITH LAW GROUP LLLP 1250 Capital of Texas Highway South Three Cielo Center, Suite 601 Austin, Texas 78746 (512) 439-3230 (512) 439-3232 (fax)

By: /s/D. Todd Smith D. Todd Smith State Bar No. 00797451 todd@appealsplus.com

Counsel for Appellee

CERTIFICATE OF SERVICE

On November 9, 2015, in compliance with Texas Rule of Appellate

Procedure 9.5, I served this document by e-service, e-mail, facsimile, or mail to:

Erika M. Laremont erika.laremont@texasattorneygeneral.gov Assistant Attorney General General Litigation Division P.O. Box 12548 Austin, Texas 78711-2548

Counsel for Appellants