Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 9/2/2015 5:00:13 PM JEFFREY D. KYLE Clerk NO. 03-15-00349-CV THIRD COURT OF APPEALS 9/2/2015 5:00:13 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00349-CV *1 ACCEPTED [6772752] CLERK In the
Third Court of Appeals Of Texas SHAMROCK PSYCHIATRIC, P.A. Appellants , V .
TEXAS HEALTH AND HUMAN SERVICES COMMISSION, KYLE JANEK, MD, E XECUTIVE C OMM ’ R AND DOUGLAS WILSON, I NSPECTOR G ENERAL Appellees, On appeal from the 126 th District Court, Travis County, Texas Cause NO. D-1-GV-14-001833 SECOND UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF
Appellant asks the Court to extend the time to file Appellant’s Brief to next
Wednesday, September 9, 2015.
A. Introduction 1. Appellant is Shamrock Psychiatric, P.A..
2. This motion is filed within the period to file a motion to extend the time to
file briefs, as required by Rules 10.5 and 38.6.
3. The appellees are not opposed to this motion.
B. Argument & Authorities 4. The Court may grant an extension of time to file briefs under Texas Rule of
Appellate Procedure 38.6.
5. The deadline to file the Brief is September 4, 2015.
6. Appellant requests an additional 5 days to file its Brief, extending the time
up to and through September 9, 2015.
7. Appellant requests this extension due to a misunderstanding with the
District Court. When the Appellant originally requested the Clerk’s Record and
Reporter’s Record be filed with this Court of Appeals, Appellant was informed no
Reporter’s Record existed. Until September 2, 2015, it was believed there was no
Reporter’s Record to be filed with the Third Court of Appeals. Upon further
investigation, the Court Reporter, Dora Canizales, corrected that
misunderstanding and graciously has agreed to submit the Reporter’s Record on
the Hearing of the Merits that was held on January 8, 2015 as quickly as possible
for attorneys of both parties to be able to utilize. That record is expected to be
received within the week. Appellant requests a five day extension of time to
permit Appellant to review the Reporter’s Record and include proper citations to
the record in the Appellant’s brief.
8. One previous extension has been requested and granted to extend the time
to file Appellant’s Brief.
C. Prayer 9. For these reasons, Appellant asks the Court to grant an extension of time to
file Brief up to and through next Wednesday, September 9, 2015.
Respectfully Submitted, ___________________________ Jason Ray State Bar No. 24000511 RIGGS & RAY, P.C.
506 West 14 th Street Austin, Texas 78701 (512) 457-9806 Telephone (512) 457-9066 Facsimile jray@r-alaw.com ATTORNEY FOR APPELLANT CERTIFICATE OF CONFERENCE I communicated by email on September 2, 2015 with opposing counsel, Eugene A. Clayborn and he advised that he does not oppose this motion.
___________________________ Jason Ray *4 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by eservice on September 2, 2015 to the following:
Eugene A. Clayborn
Assistant Attorney General
Deputy Chief, Administrative Law Division
Office of the Attorney General of Texas
P.O. Box 125548, Capitol Station
Austin, Texas 78711-2548
Eugene.clayborn@texasattorneygeneral.gov ___________________________ Jason Ray
