Texas Department of Transportation v. Haley Brown

ACCEPTED 06-15-00090-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS 11/12/2015 11:22:09 AM DEBBIE AUTREY CLERK CAUSE NO. 06-15-00090-CV

FILED IN 6th COURT OF APPEALS IN THE SIXTH COURT OF APPEALS TEXARKANA, TEXAS AT TEXARKANA, TEXAS 11/12/2015 11:22:09 AM DEBBIE AUTREY Clerk TEXAS DEPARTMENT OF TRANSPORTATION

Appellant,

V.

HALEY BROWN,

Appellee.

UNOPPOSED MOTION FOR EXTENSION OF TIME

TO FILE APPELLANT’S BRIEF

TO THE HONORABLE COURT OF APPEALS:

Appellant, the Texas Department of Transportation, presents this Motion pursuant to Rules 10.5(b) and 38.6(d) of the Texas Rules of Appellate Procedure and respectfully moves the court for an extension of time to file Appellant’s Brief. As grounds for this Motion, Appellant would respectfully show the Court the following: 1. Appellant’s Brief is due to be filed on November 16, 2015.

2. Appellant requests an extension of time to file its Brief until Wednesday, December 16, 2015, which is 30 days after the current due date of November 16, 2015.

3. This is Appellant’s first request for extension of time to file its Brief. 4. Appellant needs an extension of time to file its Brief because time constraints on State’s counsel have made it impracticable to complete the State’s Brief by November 16, 2015. Since October 26, 2017, State’s counsel, in addition to routine duties, has had to make substantial time commitments to the following: a. Assisting in a four day trial in State v. Speedway Grapevine I, LLC, a Texas Limited Liability Company, No. 2014-000122-1 in the County Court at Law No. 1, of Tarrant County, Texas; b. Preparation for a trial in State v. Beltline/Airport Freeway, Ltd., et al., No. CC-13-02551D in County Court at Law No. 4 of Dallas County, Texas set on December 8, 2015; and c. Preparing discovery and experts designations in State v. Talcorp II, L.P., No. PR-2014-00877 in the Probate Court of Denton County, Texas.

For these reasons, Appellant respectfully requests that the Court grant an extension for filing Appellant’s Brief until Wednesday, December 16, 2015.

Respectfully submitted, KEN PAXTON

ATTORNEY GENERAL OF TEXAS CHARLES E. ROY

FIRST ASSISTANT ATTORNEY GENERAL

JAMES E. DAVIS

DIRECTOR OF CIVIL LITIGATION

RANDALL K. HILL

ASSISTANT ATTORNEY GENERAL CHIEF, TRANSPORTATION DIVISION /s/ Garland Williams

GARLAND WILLIAMS

State Bar No. 24079580 Assistant Attorneys General P. O. Box 12548

Austin, Texas 78711-2548 512/ 463-2004; FAX 512/ 472-3855 [email protected] ATTORNEYS FOR APPELLANT TEXAS DEPARTMENT OF TRANSPORTATION

CERTIFICATE OF CONFERENCE

I hereby certify that on November 10, 2015, I conferred with Dale Henley and he indicated that Appellee is not opposed to the motion.

/s/ Garland Williams

GARLAND WILLIAMS

Assistant Attorney General

CERTIFICATE OF SERVICE

This is to certify that on this 12th day of November, a true and correct copy of the foregoing Unopposed Motion for Extension of Time to File Appellant’s Brief has been sent as follows:

Via Electronic Service and email.

Dale H. Henley

Mayo Mendolia & Vice, L.L.P.,

5368 State Highway 276

Royse City, Texas 75189-5738 /s/ Garland Williams GARLAND WILLIAMS Assistant Attorney General