ACCEPTED 02-17-00313-CV SECOND COURT OF APPEALS FORT WORTH, TEXAS 12/13/2017 11:13 AM DEBRA SPISAK CLERK No. 02-17-00313-CV IN THE COURT OF APPEALS FILED IN FOR THE SECOND JUDICIAL DISTRICT 2nd COURT OF APPEALS FORT WORTH, TEXAS FORT WORTH, TEXAS 12/13/2017 11:13:56 AM __________________________________________________ DEBRA SPISAK Clerk THOMAS FLORENCE, Plaintiff-Appellant, v. K. ROLLINGS, et al.

Defendants-Appellees. _________________________________________________ On Appeal from the 78th Judicial District Court Wichita County, Texas Trial Court Cause No. 186,279-B _________________________________________________ APPELLEES K. ROLLINGS AND A. FRANCO’S MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ BRIEF

KEN PAXTON LACEY E. MASE Attorney General of Texas Assistant Attorney General Chief, Law Enforcement Defense JEFFREY C. MATEER Division First Assistant Attorney General *AMBER MCKEON-MUELLER BRANTLEY STARR Assistant Attorney General Deputy First Assistant Texas Bar No. 24088027 Attorney General Office of the Attorney General Post Office Box 12548 JAMES E. DAVIS Austin, Texas 78711-2548 Deputy Attorney General for (512) 463-2080 / (512) 370-8914 Defense Litigation [email protected] *Counsel of Record TO THE HONORABLE JUDGES OF THIS COURT OF APPEALS: Under the authority of Texas Rules of Appellate Procedure 10.5(b)(1) and 38.6(d), Appellees, K. Rollings and A. Franco, move for an extension of time to file Appellees’ Brief in the above styled and numbered case.

I.

Appellees’ brief is currently due on December 18, 2017. This is the first extension sought by Appellees in this appeal. Appellees, K. Rollings and A. Franco, seek a 30-day extension of time to file its brief, to and including January 17, 2018.

Counsel for Appellees was in trial on the date that Appellant Florence filed his brief.

Counsel for Appellees is in trial beginning on December 13, 2017. Within the 30 days between now and January 17, 2018, counsel for Appellee has another appellate brief due, two motions for summary judgment due, and vacation planned for the holidays. An extension is requested so that counsel may have adequate time to review the clerk’s and reporter’s records, her own records, Appellant’s brief, and file a thorough brief, thereby preserving judicial economy. Therefore, Appellees respectfully requests a 30-day extension to file Appellees’ brief.

Therefore, Appellees respectfully pray the Court extends the deadline for the filing of Appellees’ Brief to and including January 17, 2018.

Respectfully submitted, KEN PAXTON Attorney General of Texas JEFFREY C. MATEER First Assistant Attorney General BRANTLEY STARR Deputy First Assistant Attorney General JAMES E. DAVIS Deputy Attorney General for Defense Litigation LACEY E. MASE Assistant Attorney General Chief, Law Enforcement Defense Division /s/ Amber McKeon-Mueller AMBER McKEON-MUELLER Assistant Attorney General Attorney-in-Charge Texas Bar No. 24088027 [email protected] Office of the Attorney General Post Office Box 12548 Austin, Texas 78711-2548 (512) 463-2080 / (512) 370-9814 ATTORNEYS FOR APPELLEES

CERTIFICATE OF CONFERENCE I, Amber McKeon-Mueller, am unable to confer with Appellant Florence, who is an incarcerated individual.

/s/ Amber McKeon-Mueller AMBER McKEON-MUELLER Assistant Attorney General

CERTIFICATE OF SERVICE I, Amber McKeon-Mueller, certify that a true and correct copy of the above and foregoing Appellees K. Rollings and A. Franco’s Motion for Extension of Time has been served by placing same in the United States Postal Service, postage prepaid, on December 13, 2017, addressed to: Thomas Florence TDCJ-CID #01729344 James V. Allred Unit 2101 FM 369 North Iowa Park, TX 76367 /s/ Amber McKeon-Mueller AMBER McKEON-MUELLER Assistant Attorney General