Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 9/15/2015 3:20:05 PM JEFFREY D. KYLE Clerk CASE NO. 03-15-00363-CV THIRD COURT OF APPEALS 9/15/2015 3:20:05 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00363-CV *1 ACCEPTED ^[6936212] CLERK

IN THE COURT OF APPEALS

FOR THE THIRD JUDICIAL DISTRICT AT AUSTIN, TEXAS TEXAS DEPARTMENT OF FAMILY & PROTECTIVE SERVICES,

Appellant , v.

BRILLIANT STARTS LEARNING ACADEMY, L.L.C.

Appellee . On Appeal from the 207 TH District Court, Comal County, Texas;

Cause No. C2015-0676B; before the Honorable Dib Waldrup APPELLANT’S AGREED THIRD MOTION

TO EXTEND TIME TO FILE BRIEF KEN PAXTON Pat Tulinski

Attorney General of Texas State Bar No. 20283485

Assistant Attorney General

CHARLES E. ROY TEXAS ATTORNEY GENERAL’S OFFICE

First Assistant Attorney General P.O. Box 12548, Capitol Station

Austin, Texas 78711-2548

JAMES E. DAVIS Telephone: (512) 475-4170

Deputy Attorney General for Facsimile: (512) 320-0167

Civil Litigation pat.tulinski@texasattorneygeneral.gov

Attorneys for Appellant

DAVID A. TALBOT, JR.

Chief, Administrative Law Division

TO THE HONORABLE JUSTICES OF THE THIRD COURT OF

APPEALS:

Now comes Appellant Texas Department of Family & Protective Services,

asking the Court to extend the time to file its brief in Cause Number 03-15-

00363-CV; Trial Court Cause Number C2015-0676B.

Appellant is the Texas Department of Family & Protective Services.

Appellee is Brilliant Starts Learning Academy, L.L.C. This motion is timely

filed. See Tex. R. App. P. 38.6(d). Appellant has conferred with counsel for

Appellee, and this third request for extension is agreed or unopposed.

The Court has the authority under Texas Rule of Appellate Procedure

38.6(d) to extend the time to file a brief. The Department’s brief was due on

September 1, 2015. It is being filed today, along with this motion for extension.

Counsel for DFPS had two deaths in her family, one requiring the first

motion for extension and the second requiring the second motion for extension.

Counsel is back at work and completed this brief for filing as expeditiously as

she was able.

This is the Department’s third motion to extend the deadline, and the

request is not sought for purposes of delay but to see that justice is done. The

Brief is being filed simultaneously with this Motion.

For these reasons, Appellant respectfully requests that this Court grant this

15-day extension of time to file its brief, to be due today, on September 15,

2015.

SIGNED this 15 th day of September, 2015.

Respectfully submitted, KEN PAXTON Attorney General of Texas CHARLES E. ROY First Assistant Attorney General JAMES E. DAVIS Deputy Attorney General for Civil Litigation DAVID A. TALBOT, JR. Chief, Administrative Law Division /s/ Pat Tulinski Pat Tulinski TBN 20283485 Assistant Texas Attorney General

Administrative Law Division

P.O. Box 12548, Capitol Station Austin, Texas 78711-2548

Telephone: (512) 475-4170 Facsimile: (512) 320-0167 pat.tulinski@texasattorneygeneral.gov CERTIFICATE OF CONFERENCE

Pursuant to TRAP 10.1(a)(5), counsel for Appellant conferred with counsel

for Appellee and obtained consent to file this motion as agreed or unopposed.

/ s/ Pat Tulinski Pat Tulinski CERTIFICATE OF SERVICE

I certify that, on September 15, 2015, a true and correct copy of the

Appellant’s Agreed Third Motion to Extend Time to File Brief was transmitted by

electronic filing and e-mail on the 15 th day of September, 2015 to the party of

record as shown below:

Brilliant Starts Learning Gregory B. Cagle

Academy, L.L.C. Regional Attorney

Appellee Texas Municipal Police Association

1602B State St.

Houston, TX 77007 Telephone: (713) 489-4789 Facsimile: (713) 489-4792 gcagle@tmpalawyer.com /s/ Pat Tulinski Pat Tulinski