Texas Comptroller of Public Accounts v. Walker Electric Company, LLC Walker's Electric Company Walkers Electric Company Calvin G. Walker And Stacy Walker

ACCEPTED 03-13-00285-CV 3630264 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/31/2014 2:31:59 PM JEFFREY D. KYLE CLERK NO. 03-13-00285-CV FILED IN 3rd COURT OF APPEALS TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN, AUSTIN TEXAS 12/31/2014 2:31:59 PM JEFFREY D. KYLE Texas Comptroller of Public Accounts, Clerk Appellant, v. Walker Electric Company, LLC; Walker’s Electric Company; Walkers Electric Company; Calvin G. Walker; and Stacy Walker Appellees. From the District Court of Travis County 126th Judicial District Court, No. D-1-GN-12-003613 Honorable Rhonda Hurley, Judge Presiding APPELLEES’ MOTION TO EXTEND TIME TO FILE MOTION FOR REHEARING TO THE HONORABLE COURT OF APPEALS: Appellees, Walker Electric, Company, LLC, Walker’s Electric Company, Walkers Electric Company, Calvin G. Walker, and Stacy Walker (“Walker Electric”), hereby file their extension of time to file their motion for rehearing, and respectfully show the Court the following: 1. Appellees’ Motion for Rehearing is due to be filed with this court on or before December 31, 2014. AUS-6045954-1 6060904/1 2. Appellees request an additional time of thirty (30) days, or until February 1, 2015, in which to file their Motion for Rehearing. 3. This extension is needed because Ace Pickens, lead counsel for Appellees, recently had an unexpected illness which required hospitalization, and has not been able to return to work. 4. Attempts to contact counsel for Appellant have been unsuccessful; therefore, I do not know if this motion is opposed or unopposed. 5. This is Appellees’ second request for an extension of time to file their Motion for Rehearing. This request is not sought solely for delay, but so that justice may be done. WHEREFORE, PREMISES CONSIDERED, Appellees request that this Court grant their Motion for Extension of Time to file its Motion for Rehearing. 2 AUS-6045954-1 6060904/1 Respectfully submitted, Ace Pickens of HUSCH BLACKWELL LLP 111 Congress Avenue, Suite 1400 Austin, TX 76701 Telephone: (512) 479-9709 Facsimile: (512) 479-1101 Email: ace.pickens@huschblackwell.com By: /s/ Ace Pickens Ace Pickens TSB No. 15972000 ATTORNEYS FOR APPELLEES CERTIFICATE OF CONFERENCE The undersigned has attempted to contact Kristofer S. Monsor, Counsel for Appellant, and has not received a return call. /s/ Ace Pickens Ace Pickens 3 AUS-6045954-1 6060904/1 CERTIFICATE OF SERVICE I certify that I forwarded a copy of the foregoing Motion to Extend Time to File Appellees’ Motion for Rehearing to the attorney for the parties, by the method indicated next to his name, on this 31st day of December, 2014 Kristofer S. Monson VIA EMAIL and MAIL Assistant Solicitor General Office of the Attorney General P.O. Box 12548 (MC 059) Austin, Texas 78711-2548 Kristofer.monson@oag.state.tx.us /s/ Ace Pickens Ace Pickens 4 AUS-6045954-1 6060904/1