Case Information
*0 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 8/18/2015 9:05:49 AM CATHY S. LUSK Clerk *1 ACCEPTED 12-14-00332-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 8/18/2015 9:05:49 AM CATHY LUSK CLERK
No. 12-14-00332-CV
In the Court of Appeals
for the Twelfth District of Texas
At Tyler
___________________________________
R OBERT C. M ORRIS ,
Appellant ,
v.
S HERRI M ILLIGAN , ET AL ,
Appellees .
____________________________________
On Direct Appeal from the 349th Judicial District
Court of Anderon County, Texas
Trial Court Cause No. 349-6270
____________________________________
A PPELLEES ’ M OTION F OR P ERMISSION TO F ILE A PPELLEES ’ B RIEF OUT OF T IME
____________________________________
Appellees’ counsel seeks permission to file brief of Appellees out of time.
Undersigned counsel returned from an unexpected week away from work due to a death
in the family and was immediately engaged in two jury trials, which ran consecutively
and required undersigned counsel to travel from her Austin office.
Undersigned counsel sought an extension of time to file Appellees’ brief due to
a trip that required counsel to be out of the country during the time that the brief was
due. Upon her return, undersigned counsel had to leave work again due to a death in
the family—requiring further travel.
Undersigned counsel was then in trial in the Western District, San Antonio
division, for Navarro v. Keller et al, 5:13-CV-771, from August 3-7. Counsel was again
in trial in the Eastern District, Tyler Division, for Tobias v. Ashley, 6:14-CV-1710, from
August 10-12. Counsel traveled and conducted witness meetings the weekends in
between those trials. Additionally, counsel was in Bryan, Texas defending depositions
for another case in Bryan Texas August 13-14. As a result, undersigned counsel has not
been able to review her docket and missed the Court’s briefing deadline.
Undersigned counsel asks that the Court allow Appellees brief to be filed out of
time.
Respectfully submitted,
KEN PAXTON
Attorney General of Texas
CHARLES E. ROY
First Assistant Attorney General
JAMES E. DAVIS
Deputy Attorney General for Civil Litigation
KAREN D. MATLOCK
Chief, Law Enforcement Defense Division
/s/ Veronica L Chidester
VERONICA L. CHIDESTER
Assistant Attorney General
Attorney-in-Charge
State Bar No. 24082161
Veronica.Chidester@texasattorneygeneral.gov
Law Enforcement Defense Division
P. O. Box 12548, Capitol Station
Austin, Texas 78711
(512) 463-2124 / (512) 936-2109 Fax
ATTORNEYS FOR APPELLEES
CERTIFICATE OF CONFERENCE
Plaintiff is an inmate, proceeding pro se , housed in the Texas Department of
Criminal Justice. Undersigned, therefore, was unable to conference with Plaintiff. It is
assumed that Plaintiff is opposed to this motion.
NOTICE OF ELECTRONIC FILING
I, VERONICA L. CHIDESTER , Assistant Attorney General of Texas, do hereby
certify that I have electronically submitted for filing a true copy of the above Motion for
Permission to File Appellee’s Brief Out of Time in accordance with the Electronic Case
Files System of the Twelfth Court of Appeals, on August 18, 2015.
/s/ Veronica L. Chidester VERONICA L. CHIDESTER
CERTIFICATE OF SERVICE
I, VERONICA L. CHIDESTER , Assistant Attorney General of Texas, certify that
a true copy of the above Motion for Permission to File Appellee’s Brief Out of Time has
been served by placing it in United States Mail, postage prepaid, on August 18, 2015, addressed
to:
Robert C. Morris, TDCJ No. 1311083
TDCJ-Smith Unit
1313 CR 19
Lamesa, Texas 79331
Plaintiff Pro Se
/s/ Veronica L. Chidester VERONICA L. CHIDESTER