Case Information
*0 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 2/17/2015 9:34:16 AM KEITH E. HOTTLE Clerk *1 ACCEPTED 04-14-00660-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 2/17/2015 9:34:16 AM KEITH HOTTLE CLERK No. 04-14-00660-CV
_______________________
I N T HE
F OURTH C OURT OF A PPEALS
S AN A NTONIO , T EXAS
________________________
IN THE INTEREST OF J.A.E., JR.
Jorge Garcia,
Appellant ,
The Office of the Attorney General of Texas
and
Margarita Espinoza,
Appellees. MOTION FOR AN EXTENSION OF TIME
TO FILE THE BRIEF OF APPELLEE,
THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS
TO THE HONORABLE COURT OF APPEALS:
Appellee, the Office of the Attorney General of Texas ( usually referred to
as “the Attorney General”), respectfully files this motion for an extension of time
to file his brief.
I.
A. The deadline to file an appellee’s brief is February 17, 2015.
B. The Attorney General requests an extension of 30 days to file his brief, so
that it will be due on March 19, 2015.
C. The following facts justify an extension:
This appeal is from a no-evidence summary judgment, but the clerk’s record
lacks a stand-alone copy of the motion for summary judgment (which appears only
as an exhibit to a pleading) and a copy of the response to the motion for summary
judgment. These documents are critical in an appeal from a no-evidence motion
for summary judgment; hence, on January 29, 2015, the Attorney General filed a
request with the Webb County District Clerk for a supplemental clerk’s record
containing them. To the Attorney General’s knowledge, the supplemental clerk’s
record has not yet been filed. The Attorney General therefore requests an
extension of time to file his brief so that his brief can contain proper record
references to the supplemental clerk’s record and include copies of the motion for
summary judgment and response as appendices.
D. No previous extensions have been granted to file this brief.
II.
Certificate of Conference
Undersigned counsel has communicated with counsel for appellant Jose
Garcia and has ascertained that Mr. Garcia is not opposed to this motion. Counsel
is unable to communicate with co-appellee Margarita Espinoza about this motion
because he does not have a telephone number or e-mail address for her.
III.
Prayer for Relief
For these reasons, the Attorney General requests that the Court grant him an
extension of 30 days to file his brief. The Attorney General further requests any
other relief to which he may be entitled or which the Court may find just,
equitable, or proper.
Respectfully submitted,
KEN PAXTON
A TTORNEY G ENERAL OF T EXAS
C HARLES R OY
F IRST A SSISTANT A TTORNEY G ENERAL
M ARTHA F ITZWATER P IGOTT
G ENERAL C OUNSEL
C HILD S UPPORT D IVISION
R ANDE K. H ERRELL
State Bar No. 09529400
M ANAGING A TTORNEY
A PPELLATE L ITIGATION S ECTION
C HILD S UPPORT D IVISION
D ETERREAN G AMBLE
State Bar No. 24062194
/s/ John B. Worley
J OHN B. W ORLEY
State Bar No. 22001480
john.worley@texasattorneygeneral.gov
Child Support Division
Appellate Litigation Section
Mail Code 038-1
P.O. Box 12017, Capitol Sta.
Austin, Texas 78711-2017
Phone: (512) 406-2308
Fax: (512) 460-6612
ATTORNEYS FOR APPELLEE, THE
OFFICE OF THE ATTORNEY GENERAL
OF TEXAS
C ERTIFICATE OF S ERVICE
I certify that a copy of this motion is being served by on the parties or their
counsel listed below in the manner indicated on February 17, 2015.
/s/ John B. Worley
John B. Worley
Jose Arce
1015 Scott
Laredo, TX 78040
josearce1@att.net
(by e-service or e-mail)
Attorney for Petitioner / Appellant, Jorge Garcia
Margarita Espinoza
[home address omitted]
(by United States Mail)
Interested Person (Mother of the Child) / Co-Appellee, Pro Se
APPENDIX A *7 Filed 1/29/2015 12:11:59 PM Esther Degollado District Clerk Webb District 2011CVQ002377-C3 CAUSE NO. 2011CVQ002377-C3
IN THE INTEREST OF § IN THE COUNTY COURT
§ AT LAW NO. 2
J A. E , JR. § WEBB COUNTY, TEXAS
REQUEST FOR A SUPPLEMENTAL CLERK’S RECORD
Respondent/Appellee, the Office of the Attorney General of Texas, files this
Request for a Supplemental Clerk’s Record.
The Attorney General requests that you prepare a Supplemental Clerk’s
Record to be filed in In the Interest of J.A.E., Jr. , No. 04-14-00660-CV in the
Fourth Court of Appeals. The Attorney General requests that the Supplemental
Clerk’s Record contain:
1. The Office of the Attorney General’s Motion for Summary Judgment under
Tex. R. Civ. P. 166A(I), filed on April 28, 2014;
2. Petitioner’s Response to the State of Texas Motion for No Evidence
Summary Judgment, filed on May 16, 2014; and
3. this Request for a Supplemental Clerk’s Record.
Respectfully submitted,
KEN PAXTON
A TTORNEY G ENERAL OF T EXAS
C HARLES R OY
F IRST A SSISTANT A TTORNEY G ENERAL
M ARTHA F ITZWATER -P IGOTT
G ENERAL C OUNSEL
C HILD S UPPORT D IVISION
R ANDE K. H ERRELL
State Bar No. 09529400
M ANAGING A TTORNEY
A PPELLATE L ITIGATION S ECTION
C HILD S UPPORT D IVISION
D ETERREAN G AMBLE
Assistant Attorney General
State Bar No. 24062194
/s/ John B. Worley
J OHN B. W ORLEY
State Bar No. 22001480
john.worley@texasattorneygeneral.gov
Child Support Division
Appellate Litigation Section
Mail Code 038-1
P.O. Box 12017, Capitol Sta.
Austin, Texas 78711-2017
Phone: (512) 406-2308
Fax: (512) 460-6612
ATTORNEYS FOR RESPONDENT /
APPELLEE, THE OFFICE OF THE
ATTORNEY GENERAL OF TEXAS
Certificate of Service
I certify that a copy of this Request for a Supplemental Clerk’s Record is
being served by on the parties or their counsel listed below in the manner indicated
on January 29, 2014.
/s/ John B. Worley
John B. Worley
Jose Arce
1015 Scott
Laredo, TX 78040
(by e-mail)
Attorney for Petitioner / Appellant, Jorge Garcia
Margarita Espinoza
[home address omitted]
(by United States Mail)
Interested Person (Mother of the Child) / Co-Appellee, Pro Se