ACCEPTED 01-16-00101-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 4/19/2016 12:23:43 PM CHRISTOPHER PRINE CLERK No. 01-16-00101-CV FILED IN 1st COURT OF APPEALS IN THE COURT OF APPEALS HOUSTON, TEXAS FOR THE FIRST DISTRICT OF TEXAS 4/19/2016 12:23:43 PM AT HOUSTON, TEXAS CHRISTOPHER A. PRINE Clerk

THE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES, Appellant, V. MARKIDA RENEE MITCHELL Appellee.

ON APPEAL FROM THE 127TH JUDICIAL DISTRICT COURT OF HARRIS COUNTY, TEXAS CAUSE NO. 2015-03587

MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF

COMES NOW, the Appellee, MARKIDA RENEE MITCHELL, and moves the Court to extend the time to file her Appellee’s Brief pursuant to Tex. R. App. P. §§ 10.5(b) and 38.6(d).

I.

INTRODUCTION 1. Appellant’s Brief was filed on April 6, 2016.

2. Appellee’s Brief is currently due on or before April 26, 2016.

Page 1 of 4 3. Appellee requests a two (2) week extension of time to file her brief. If the extension is granted, the new due date would be May 10, 2016.

4. No prior extensions have been requested by Appellee.

5. No rule limits the time within which to file this motion to extend. Tex. R. App. P. § 38.6(d).

6. Counsel for Appellant agrees to this extension.

II.

REASONS FOR EXTENSION Additional time is requested by Appellee for two reasons: (a) Appellee’s counsel has experienced a higher-than-normal caseload which is resulting in a challenge in complying with the 20-day response time; and (b) the flooding events of April 18, 2016 in Houston have prevented Appellee’s counsel from reaching his office further complicating the effort to meet the original deadline.

III.

FIRST REQUEST FOR EXTENSION BY APPELLEE This is Appellee’s first request for an extension of time to file her Appellee’s Brief. No party will be prejudiced if it is granted. This extension is not sought merely for delay, but is necessary so that justice can be done.

Page 2 of 4 IV.

AGREED MOTION As shown by the Certificate of Conference, Appellee’s counsel has contacted counsel for Appellant to confer about this extension. Counsel for Appellant has agreed to this extension.

V. CONCLUSION For the foregoing reasons, Appellee respectfully requests that the Court grant an extension for filing her Appellee’s Brief. Appellee requests a two week extension from the current date the Appellee’s Brief is due, which would make May 10, 2016 the new deadline for Appellee to file her brief.

WHEREFORE, PREMISES CONSIDERED, Appellee, Markida Renee Mitchell, moves the court to grant this first Motion for Extension of Time making Appellee’s Brief due on May 10, 2016, and prays for all other and further relief, both in law and in equity, to which she may be entitled.

RESPECTFULLY SUBMITTED, The Verde Law Firm, PLLC

/s/ Joshua A. Verde Joshua A. Verde State Bar No. 24077590 2100 West Loop South, 14th FL Page 3 of 4 Houston, TX 77027 Tel: (713) 909-4347 Fax: (713) 588-2431 [email protected] ATTORNEY FOR APPELLEE

CERTIFICATE OF CONFERENCE Pursuant to Rule 10.1(a)(5), counsel for Appellee certifies that he conferred all other parties about the merits of this motion and counsel for Appellant, S.

Ronald Keister, stated that he is UNOPPOSED to the motion.

/s/ Joshua A. Verde Joshua A. Verde CERTIFICATE OF SERVICE The undersigned certifies, pursuant to Rule 9.5(e), that he served a true and correct copy of this motion on the counsel listed below, on April 19, 2016 via fax, e-mail, and electronic service.

/s/ Joshua A. Verde Joshua A. Verde S. RONALD KEISTER Assistant Attorney General Tort Litigation Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 [email protected] PHONE (512) 463-2197 FAX (512) 457-4435 ATTORNEY FOR APPELLANT Page 4 of 4