ACCEPTED
02-15-00215-CV
SECOND COURT OF APPEALS
FORT WORTH, TEXAS
12/16/2015 4:41:16 PM
DEBRA SPISAK
CLERK
Cause No. 02-15-00215-CV
FILED IN
2nd COURT OF APPEALS
Court of Appeals FORT WORTH, TEXAS
Second District Court 12/16/2015 4:41:16 PM
DEBRA SPISAK
Fort Worth Division Clerk
Texas Workforce Commission v. Wichita County, Texas
Appeal in Cause Number 176,514-A from the 30th Judicial District Court of
Wichita County, Texas, Honorable Robert Brotherton, Presiding
Appellee’s Amended First Motion for Extension (Unopposed)
To the Honorable Justices of This Court:
Appellee, Wichita County files this Amended First Motion for
Extension1 and moves the Court for a 30-day extension of time to file its
brief.
I.
Under the Texas Rules of Appellate Procedure, the deadline to file an
appellee’s brief is 30 days after the date the appellant’s brief was filed.2
1
The motion previously filed on this date included a typographical error in the prayer requesting
a 15 day extension rather than a 30 day extension. This amendment is filed only to correct that
typographical error.
2
Tex. R. App. P. 38.6(b).
1
Appellant’s original due date was September 17, 2015. After two unopposed
extensions were granted, Appellant’s brief was filed on November 18, 2015.
Wichita County’s brief is now due December 18, 2015.
Wichita County requests a 30-day extension of time in which to file its
brief.
II.
Good cause exists for allowing Wichita County additional time to file
its brief for the following reasons:
1. The undersigned attorney is the Civil Chief in the Wichita
County Criminal District Attorney’s Office. Undersigned is
responsible for finalizing and approving this brief. In
addition, undersigned is the sole attorney in the District
Attorney’s Office responsible for all contract negotiations on
behalf of Wichita County. In November and December,
undersigned has been involved in extensive negotiations on
three multi-million dollar contracts3 and has been unable to
3
Wichita County is negotiating contracts with a new medical provider for the Wichita County
Jail, a new phone system for all Wichita County offices and buildings, and a new Courts and
Justice case management software system. In total, those contracts require the expenditure in
excess of $25 million over the next five years and are the largest contracts negotiated by the
County to date.
2
devote sufficient time needed to fully and completely address
the important issue presented in this appeal.
2. The issue presented by the appeal appears to be one of first
impression for this Court. The County desires to ensure that it
has fully exhausted its research and briefing on the issues and
provide all the time and expertise needed for this important
matter. An additional 30 days would permit undersigned the
opportunity to devote that needed time.
3. The Texas Workforce Commission is not opposed to this
extension.
IV.
This is Wichita County’s first motion for extension in this appeal and it
is not brought for purposes of delay or harassment, but to see that justice is
done. Wichita County prays that it have an additional 30 days in which to
file its brief.
3
Respectfully Submitted,
Maureen Shelton
Criminal District Attorney
Wichita County
/s/ Meredith L. Kennedy
Meredith L. Kennedy
Assistant Criminal District Attorney
900 7th Street
Wichita Falls, Texas 76301
(940) 766-8113 phone
(940) 716-8530 fax
State Bar No. 00796872
mkennedy@co.wichita.tx.us
Attorney for State of Texas
Certificate of Conference
I certify that a conference was had with Peter Laurie, attorney for
Appellant, and that he is unopposed to this motion.
/s/ Meredith L. Kennedy
Meredith L. Kennedy
4
Certificate of Service
I certify that on December 16, 2015, a true and correct copy of the
above document has been forwarded to Peter Laurie, attorney for Appellant,
via electronic service to peter.laurie@texasattorneygeneral.gov.
/s/ Meredith L. Kennedy
Meredith L. Kennedy
5