ACCEPTED
03-15-00363-CV
7407551
THIRD COURT OF APPEALS
AUSTIN, TEXAS
10/16/2015 11:06:41 AM
JEFFREY D. KYLE
CLERK
No. 03-115-00363-CV
In the Third Court of Appeals FILED IN
3rd COURT OF APPEALS
Austin, Texas AUSTIN, TEXAS
10/16/2015 11:06:41 AM
JEFFREY D. KYLE
Clerk
TEXAS DEPARTMENT OF FAMILY & PROTECTIVE SERVICES,
Appellant,
v.
BRILLIANT STARTS LEARNING ACADEMY, L.L.C.
Appellee
APPEAL FROM CAUSE NO. C2015-0676B
TH
207 DISTRICT COURT OF COMAL COUNTY, TEXAS
HON. DIP WALDRUP, PRESIDING
_____________________________
APPELLEE’s UNOPPOSED MOTION TO
EXTEND TIME TO FILE BRIEF
Gregory B. Cagle
State Bar No. 00790414
1602B State Street
Houston, Texas 77007
Telephone: 713-489-4789
Facsimile: 713-489-4792
gcagle@tmpalawyer.com
Attorney for Appellee
TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:
Now comes BRILLIANT STARTS LEARNING ACADEMY, L.L.C.,
appellee in the above styled and numbered cause, and moves this Court to grant an
extension of time to file appellee's brief, pursuant to Rule 38.6 of the Texas Rules of
Appellate Procedure, and for good cause shows the following:
1. This case is on appeal from the 207th District Court of Comal County,
Texas.
2. The case below was styled Cause No. 03-15-00363-CV. The Appellee
requests an additional thirty (30) days to file its brief.
3. Appellant is the Texas Department of Family and Protective Services.
Appellee in Brilliant Starts Learning Academy, L.L.C. Appellee has conferred with
counsel for the Appellant, and this request for extension is unopposed.
4, This extension is necessary because counsel for the Appellee needs
additional time to address the issues raised and due to several jury trial settings, has
been unable to devote sufficient time to address them properly.
WHEREFORE, PREMISES CONSIDERED, Appellee prays that this
Court grant this Motion to Extend Time to File Appellee’s Brief, and for such other
and further relief as the Court may deem appropriate.
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Respectfully submitted,
GREGORY B. CAGLE
ATTORNEY FOR THE APPELLEE
By:_/s/ Gregory B. Cagle_______
Gregory B. Cagle
TBA #00790414
1602B State Street
Houston, Texas 77007
Telephone: 713-489-4789
Facsimile: 713-489-4792
CERTIFICATE OF CONFERENCE
I certify that I conferred with counsel for Appellant regarding this motion
and that Appellant is unopposed to this motion.
/s/ Gregory B. Cagle
Gregory B. Cagle
CERTIFICATE OF SERVICE
I certify that a true copy of this Notice of Appeal was served in accordance
with rule 9.5 of the Texas Rules of Appellate Procedure on each party or that
party's lead counsel as follows:
TEXAS DEPARTMENT OF FAMILY & PROTECTIVE SERVICES
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Pat Tulinski
Assistant Attorney General
Texas Attorney General Office
P.O. Box 12548, Capital Station
Austin, Texas 78711-2548
Telephone: 512-475-4170
Facsimile: 512-320-0167
Pat.tulinski@texasattorneygeneral.gov
__/s/_Gregory B. Cagle___
Gregory B. Cagle
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