ACCEPTED
03-14-00612-CV
3756235
THIRD COURT OF APPEALS
AUSTIN, TEXAS
1/13/2015 4:35:54 PM
JEFFREY D. KYLE
CLERK
NO. 03-14-00612-CV
IN THE FILED IN
3rd COURT OF APPEALS
THIRD COURT OF APPEALS AUSTIN, TEXAS
AUSTIN, TEXAS 1/13/2015 4:35:54 PM
JEFFREY D. KYLE
Clerk
M&M ORTHODONTICS, P.A.,
Appellant,
v.
ACS STATE HEALTHCARE, LLC,
Appellees.
On appeal from the 126th District Court, Travis County, Texas
Cause No. D-1-GN-14-000321
FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF
Appellant asks the Court to extend the time to file Appellant’s Brief.
A. Introduction
1. Appellant is M&M Orthodontics, P.A.
2. This motion is filed within the period to file a motion to extend the time to
file briefs, as required by Rules 10.5 and 38.6.
3. The appellees are not opposed to this motion.
Appellant M&M Orthodontics, P.A.’s Motion to Extend Time to File Brief
Page 1 of 4
B. Argument & Authorities
4. The Court may grant an extension of time to file briefs under Texas Rule
of Appellate Procedure 38.6.
5. The deadline to file the Brief is January 12, 2015.
6. Appellant requests an additional 30 days to file its Brief, extending the
time until February 11, 2015.
7. This appeal may become moot because the State of Texas recently filed,
against the Appellant in this appeal, similar but discrete civil court claims on
related issues. As a result, those new claims may obviate the need for this appeal.
In addition, if the same legal questions ultimately present themselves in those
new civil cases, the issues may be more clear and straightforward to bring in
those cases. Appellant’s counsel needs some additional time to research the effect
of those new, similar claims by the State of Texas to determine whether this
appeal is necessary to preserve appellant’s legal complaints.
8. No previous extension has been requested or granted to extend the time to
file Appellant’s Brief.
C. Prayer
8. For these reasons, Appellant asks the Court to grant an extension of time to
file Brief until February 11, 2015.
Appellant M&M Orthodontics, P.A.’s Motion to Extend Time to File Brief
Page 2 of 4
Respectfully Submitted,
Jason Ray
State Bar No. 24000511
RIGGS ALESHIRE & RAY, P.C.
700 Lavaca, Suite 920
Austin, Texas 78701
(512) 457-9806 Telephone
(512) 457-9066 Facsimile
jray@r-alaw.com
CERTIFICATE OF CONFERENCE
I communicated by telephone on January 12, 2015 with opposing counsel,
Raymond Winter (for the State of Texas) and Eric J.R. Nichols (for ACS State
Healthcare) and they advised that they do not oppose this motion.
___________________________
Jason Ray
Appellant M&M Orthodontics, P.A.’s Motion to Extend Time to File Brief
Page 3 of 4
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was
served by eservice on January 13, 2015 to the following:
Counsel for State of Texas:
Raymond Winter
Margaret Moore
Office of the Attorney General
P.O. Box 12458
Austin, TX 78711-2548
raymond.winter@texasattorneygeneral.gov
margaret.moore@texasattorneygeneral.gov
Counsel for ACS State Healthcare,LLC:
Eric J.R. Nichols
Christopher R. Cowan
Beck Redden, LLP
515 Congress Avenue, Suite 1750
Austin, Texas, 78701
enichols@beckredden.com
ccowan@beckredden.com
___________________________
Jason Ray
Appellant M&M Orthodontics, P.A.’s Motion to Extend Time to File Brief
Page 4 of 4
M&M Orthodontics, P.A. v. ACS State Healthcare, LLC and the State of Texas
Combined Opinion