Court of Civil Appeals of Texas, 2025

Kelly Hancock, Acting Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of Texas v. Dave & Buster's I, L.P.

Kelly Hancock, Acting Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of Texas v. Dave & Buster's I, L.P.
Court of Civil Appeals of Texas · Decided November 13, 2025

Kelly Hancock, Acting Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of Texas v. Dave & Buster's I, L.P.

Opinion

ACCEPTED 15-25-00114-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 11/13/2025 2:41 PM CHRISTOPHER A. PRINE No. 15-25-00114-CV CLERK FILED IN 15th COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE FIFTEENTH JUDICIAL DISTRICT 11/13/2025 2:41:17 PM AUSTIN, TEXAS CHRISTOPHER A. PRINE Clerk

KELLY HANCOCK, ACTING COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS, AND KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS, APPELLANTS, V.

DAVE & BUSTER’S I, L.P., APPELLEE.

On Appeal from the 200TH District Court, Travis County, Texas Trial Court Cause No. D-1-GN-23-000781

APPELLEE’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF

TO THE HONORABLE FIFTEENTH COURT OF APPEALS: Appellee Dave & Buster’s I, L.P. respectfully requests that this Court grant a 45-day extension of time for filing its brief from November 26, 2025 to January 12, 2026 based on the reasonable explanation for an extension set forth below. This motion is unopposed by counsel for Appellants.

ARGUMENT & AUTHORITIES The Court has authority under Texas Rule of Appellate Procedure 10.5(b) and 38.6(d), to extend the time to file a brief. See Tex. R. App. P. 10.5(b) and 38.6(d). This motion is timely because it is being filed prior to the current November 26, 2025 deadline. See id. Counsel has good cause for requesting this extension. Counsels’ attendance is required at their Annual Firm Conference on November 18- 19, 2025. Ms. Leonard is preregistered and attending TTARA’s 2025 Annual Meeting on November 20-21, 2025. Ms. Leonard is to travel out of the state for family vacation on November 24-28, 2025. Additionally, Ms. Leonard has various deadlines and obligations in other pending district court and administrative matters between now and the current deadline, including the preparation of original petitions in forthcoming district court matters.

Jeffrey Nanson, new to this case, will serve as co-counsel for Appellee and will assist Ms. Leonard. Appellee respectfully requests this extension so that counsel may familiarize himself with the issues and arguments in this case. In addition, Mr. Nanson has various deadlines and obligations in No. 15-25-00114-CV APPELLEE’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF 2 other pending district court matters between now and the current deadline including the preparation of written discovery responses in Cause Number 471-06138-2024.

Appellee therefore requests a 45-day extension, moving the deadline for its brief from November 26 to January 12, 2026. This is Appellee’s first unopposed request for an extension of time to file its brief.

The requested extension of Appellee’s Brief is not sought for purposes of delay but rather for the good cause reasons set forth above. The requested extension will not prejudice any party.

PRAYER Appellee respectfully requests that this Court grant a 45-day extension of time to file its brief, extending the deadline from November 26, 2025 to January 12, 2026.

No. 15-25-00114-CV APPELLEE’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF 3 Respectfully submitted,

Lacy Leonard State Bar No. 24040561 [email protected] Danielle Ahlrich State Bar No. 24059215 [email protected] Ryan Law Firm, PLLC 1301 S. Mopac Expy, Ste 430 Austin, Texas 78746 512.459.6600 - Telephone 512.459.6601 - Facsimile Jeffrey L. Nanson State Bar No. 24098166 [email protected] Ryan Law Firm, PLLC 8101 Windrose Avenue, Ste 950 Plano, Texas 75024 972.250.6363 - Telephone 972.250.3599 - Facsimile

COUNSEL FOR APPELLEE

No. 15-25-00114-CV APPELLEE’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF 4 CERTIFICATE OF CONFERENCE On November 10, 2025, Counsel for Appellants confirmed that Appellants are not opposed to this extension.

Lacy Leonard

CERTIFICATE OF SERVICE I certify that a true and correct copy of the above and foregoing document was served on Appellants through the following counsel of record via electronic service on November 13, 2025.

Wesley Remschel Assistant Attorney General Alexis Cantu Assistant Attorney General Tax Litigation Division P.O. Box 12548 Austin, Texas 78711-2548 [email protected] [email protected]

Lacy Leonard

No. 15-25-00114-CV APPELLEE’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF 5 Automated Certificate of eService This automated certificate of service was created by the efiling system.

The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Marissa Yarborough on behalf of Lacy Leonard Bar No. 24040561 [email protected] Envelope ID: 108022073 Filing Code Description: Motion Filing Description: Appellee's Unopposed Motion for Extension of Time to File Appellee's Brief Status as of 11/13/2025 2:54 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Danielle Ahlrich 24059215 [email protected] 11/13/2025 2:41:17 PM SENT Wesley Remschel [email protected] 11/13/2025 2:41:17 PM SENT Lacy Leonard [email protected] 11/13/2025 2:41:17 PM SENT Ryan Law Paralegals [email protected] 11/13/2025 2:41:17 PM SENT Jeffrey L.Nanson [email protected] 11/13/2025 2:41:17 PM SENT

Case-law data current through December 31, 2025. Source: CourtListener bulk data.