Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/13/2015 12:00:00 AM JEFFREY D. KYLE Clerk No. 03-15-00201-CV THIRD COURT OF APPEALS 7/13/2015 12:00:00 AM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00201-CV *1 ACCEPTED [6027655] CLERK _______________________________________ I N THE T HIRD C OURT OF A PPEALS AT A USTIN , T _______________________________________ W AYNE N OVY , by and through his legal guardian Forrest Novy, Appellant , vs.
T EXAS EALTH AND H UMAN ERVICES C OMMISSION and K YLE J ANEK , in his
official capacity as Executive Commissioner of the Texas Health and Human
Services Commission, Appellees . _______________________________________ N PPEAL FROM OUNTY OURT AT N . 1, RAVIS OUNTY ______________________________________ APPELLANT’S UNOPPOSED SECOND 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 fourteen day
extension 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.
2. The current deadline for Mr. Novy to file his opening brief in this
appeal in August 7, 2015.
3. Mr. Novy seeks a 14-day extension, until August 21, 2015, to file his
opening brief.
4. The additional fourteen days is requested for personal family rea-
sons. My wife’s seventieth birthday is on August 6 and is to be celebrated
with other family members out-of-state. I had overlooked this personal situa-
tion when making my first extension request (also unopposed) and inadvert-
ently requested the new deadline under the first extension to fall right in the
middle of travel and celebration for this event. Allowing the additional four-
teen days requested here will allow me to meet my family obligation for this
special occasion and still finish work on, and file, the opening brief in time.
5. This is Mr. Novy’s second request for an extension of time to file his
opening brief.
Based upon the foregoing matters, Mr. Novy urges the Court to grant
this unopposed motion and allow him fourteen additional days—until Au-
gust 21, 2015—to file his opening brief in this case.
Respectfully submitted, __ ______ *3 Renea Hicks State Bar No. 09580400 FFICE OF M AX R ENEA ICKS 101 West 6 Street, Suite 504 Austin, Texas 78701-2934 (512) 480-8231 (512) 480-9105 fax rhicks@renea-hicks.com ATTORNEY FOR WAYNE NOVY ERTIFICATE OF ONFERENCE I conferred by e-mail on July 10, 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 ERTIFICATE OF ERVICE I hereby certify that a true and correct copy of this Appellant’s Unop-
posed Second Motion for Extension of Time to File Opening Brief has been
served through the electronic filing system on the following counsel of rec-
ord for the appellees on July 11, 2015:
Eugene A. Clayborn, Assistant Attorney General
Deputy Chief, Administrative Law Division FFICE OF THE TTORNEY G ENERAL OF
P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
eugene.clayborn@texasattorneygeneral.gov.
_ ___________ Renea Hicks