Wayne Novy, by and Through His Legal Guardian Forrest Novy v. Texas Health and Human Services Commission And Chris Traylor, in His Official Capacity as Executive Commissioner of the Texas Health and Human Services Commission

• Court: Court of Appeals of Texas
• Decided: June 9, 2015
• Docket: 03-15-00201-CV
• Status: Published

Opinion

ACCEPTED 03-15-00201-CV 5601437 THIRD COURT OF APPEALS AUSTIN, TEXAS 6/9/2015 1:10:39 PM JEFFREY D. KYLE CLERK No. 03-15-00201-CV _______________________________________ FILED IN 3rd COURT OF APPEALS IN THE THIRD COURT OF APPEALS AUSTIN, TEXAS AT AUSTIN, TEXAS 6/9/2015 1:10:39 PM JEFFREY D. KYLE _______________________________________ Clerk

WAYNE NOVY, by and through his legal guardian Forrest Novy, Appellant,

vs.

TEXAS HEALTH AND HUMAN SERVICES COMMISSION and KYLE JANEK, in his official capacity as Executive Commissioner of the Texas Health and Human Services Commission, Appellees. _______________________________________

ON APPEAL FROM COUNTY COURT AT LAW NO. 1, TRAVIS COUNTY ______________________________________

APPELLANT’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE OPENING BRIEF

Pursuant to Rule 10.5(b)(1) of the Texas Rules of Appellate Procedure,

Appellant Wayne Novy (“Mr. Novy”), by and through his legal guardian

Forrest Novy, moves the Court in this unopposed motion for a thirty day ex-

tension of time to file his opening brief in this matter.

1. Mr. Novy is appealing from the Order Granting Defendants’ Plea to

the Jurisdiction, signed on April 1, 2015, by the presiding judge of the Coun-

ty Court at Law No. 1, Travis County.

1 2. The current deadline for Mr. Novy to file his opening brief in this

appeal in July 8, 2015.

3. Mr. Novy seeks a 30-day extension, until August 7, 2015, to file his

opening brief.

4. The additional thirty days is needed because my wife and I had

planned to be away on vacation during the end-of-June/early July period

when the opening brief would be coming due. That, combined with the press

of other case-related business, would make it difficult to mee the current July

9 deadline. The requested additional time would allow preparation of a more

carefully researched brief that should prove more helpful to the Court.

5. This is Mr. Novy’s first request for an extension of time to file his

Based upon the foregoing matters, Mr. Novy urges the Court to grant

this unopposed motion and allow him thirty additional days—until August 7,

2015—to file his opening brief in this case.

Respectfully submitted,

__/s/ Renea Hicks______ Renea Hicks State Bar No. 09580400 LAW OFFICE OF MAX RENEA HICKS 101 West 6th Street, Suite 504

2 Austin, Texas 78701-2934 (512) 480-8231 (512) 480-9105 fax rhicks@renea-hicks.com

ATTORNEY FOR WAYNE NOVY

CERTIFICATE OF CONFERENCE

I conferred by e-mail on June 9, 2015, with Eugene Clayborn, counsel for Appellees, on whether his clients would oppose the extension requested in this motion. By reply e-mail on the same day, he indicated that he would not oppose the relief requested.

_/s/ Renea Hicks___________ Renea Hicks

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this Appellant’s Unop- posed Motion for Extension of Time to File Opening Brief has been served through the electronic filing system on the following counsel of record for the appellees on June 9, 2015:

Eugene A. Clayborn, Assistant Attorney General Deputy Chief, Administrative Law Division OFFICE OF THE ATTORNEY GENERAL OF TEXAS P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 eugene.clayborn@texasattorneygeneral.gov.