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American Multi-Cinema, Inc.// Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas// Cross-Appellee, American Multi-Cinema, Inc.
03-14-00397-CV
| Tex. App. | May 11, 2015
|
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Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 5/11/2015 10:31:17 AM JEFFREY D. KYLE Clerk No. 03-14-00397-CV THIRD COURT OF APPEALS 5/11/2015 10:31:17 AM JEFFREY D. KYLE AUSTIN, TEXAS 03-14-00397-CV *1 ACCEPTED [5225674] CLERK

____________________________________________________

In the Court of Appeals

for the Third Judicial District

Austin, Texas

____________________________________________________

American Multi-Cinema, Inc.,

Appellant/Cross-Appellee,

v.

Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and

Ken Paxton, Attorney General of the State of Texas,

Appellees/Cross-Appellants.

____________________________________________________

On Appeal from the 200th Judicial District Court

Travis County, Texas

____________________________________________________

Appellees’/Cross-Appellants’ Unopposed Motion for

Extension of Time to File a Motion for Rehearing and/or

Reconsideration En Banc

____________________________________________________

To the Honorable Third Court of Appeals:

Appellees/Cross-Appellants Glenn Hegar, Comptroller of Public Accounts of

the State of Texas, and Ken Paxton, Attorney General of the State of Texas, file this

unopposed motion under Rule 49.8 and 10.5(b) requesting that the time for filing a

motion for rehearing and/or reconsideration en banc be extended for fourteen days,

from May 15, 2015 (the current due date) to May 29, 2015, and in support show as

follows:

1. The Court rendered judgment on April 30, 2015.

2. Per Tex. R. App. P. 49.1, Appellees’ motion for rehearing and/or

reconsideration en banc is due within 15 days of the Court’s judgment on May 15,

2015.

3. Per Tex. R. App. P. 49.8, Appellees timely request an additional 14 days to

file a motion for rehearing and/or reconsideration en banc, extending the time to file

to May 29, 2015.

4. Appellees have not previously requested to extend the time to file their motion

for rehearing and/or reconsideration en banc.

5. Good cause exists to grant this request. This is a case of substantial importance

to the State, and for that reason, it requires additional time to review the opinion and

and fully brief the State’s reasons for seeking rehearing and/or reconsideration en

banc.

6. This extension is not being sought for purposes of delay but rather so that a

thorough and clear motion for rehearing and/or reconsideration en banc may be

presented to the Court.

7. Appellant/Cross-Appellee is not opposed to this motion.

8. Wherefore, Appellees/Cross-Appellants Glenn Hegar, Comptroller of Public

Accounts of the State of Texas, and Ken Paxton, Attorney General of Texas, request

that this motion be granted, and that the time for filing a motion for rehearing and/or

reconsideration en banc be extended to May 29, 2015.

Respectfully submitted,

KEN PAXTON

Attorney General

CHARLES E. ROY

First Assistant Attorney General

JAMES E. DAVIS

Deputy Attorney General for Civil Litigation

ROBERT O’KEEFE

Division Chief

Financial Litigation, Tax, and

Charitable Trusts Division

/s/Charles K. Eldred

CHARLES K. ELDRED

Attorney-in-Charge

Financial Litigation, Tax, and

Charitable Trusts Division

State Bar No. 00793681

P.O. Box 12548

Austin, Texas 78711-2548

512-475-1743

512-477-2348 (fax)

charles.eldred@texasattorneygeneral.gov

Attorneys for Appellees

CERTIFICATE OF CONFERENCE

I certify that conferred with Doug Sigel, counsel for Appellant/Cross-

Appellee, and he does not oppose this Motion:

/s/Charles K. Eldred

Charles K. Eldred

CERTIFICATE OF SERVICE

I certify that a copy of this document was served on May 11, 2015 on Doug

Sigel, counsel for Appellant/Cross-Appellee, to doug.sigel@ryanlawllp.com.

/s/Charles K. Eldred Charles K. Eldred

Case Details

Case Name: American Multi-Cinema, Inc.// Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas// Cross-Appellee, American Multi-Cinema, Inc.
Court Name: Court of Appeals of Texas
Date Published: May 11, 2015
Docket Number: 03-14-00397-CV
Court Abbreviation: Tex. App.
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