American Multi-Cinema, Inc.// Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas// Cross-Appellee, American Multi-Cinema, Inc. ( 2015 )


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  • ACCEPTED 03-14-00397-CV 5225674 THIRD COURT OF APPEALS AUSTIN, TEXAS 5/11/2015 10:31:17 AM JEFFREY D. KYLE CLERK No. 03-14-00397-CV ____________________________________________________ FILED IN In the Court of Appeals 3rd COURT OF APPEALS AUSTIN, TEXAS for the Third Judicial District 5/11/2015 10:31:17 AM JEFFREY D. KYLE Austin, Texas Clerk ____________________________________________________ American Multi-Cinema, Inc., Appellant/Cross-Appellee, v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of Texas, Appellees/Cross-Appellants. ____________________________________________________ On Appeal from the 200th Judicial District Court Travis County, Texas ____________________________________________________ Appellees’/Cross-Appellants’ Unopposed Motion for Extension of Time to File a Motion for Rehearing and/or Reconsideration En Banc ____________________________________________________ To the Honorable Third Court of Appeals: Appellees/Cross-Appellants Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of Texas, file this unopposed motion under Rule 49.8 and 10.5(b) requesting that the time for filing a motion for rehearing and/or reconsideration en banc be extended for fourteen days, Appellees’ Motion for Extension of Time to File a Motion for Rehearing Page 1 from May 15, 2015 (the current due date) to May 29, 2015, and in support show as follows: 1. The Court rendered judgment on April 30, 2015. 2. Per Tex. R. App. P. 49.1, Appellees’ motion for rehearing and/or reconsideration en banc is due within 15 days of the Court’s judgment on May 15, 2015. 3. Per Tex. R. App. P. 49.8, Appellees timely request an additional 14 days to file a motion for rehearing and/or reconsideration en banc, extending the time to file to May 29, 2015. 4. Appellees have not previously requested to extend the time to file their motion for rehearing and/or reconsideration en banc. 5. Good cause exists to grant this request. This is a case of substantial importance to the State, and for that reason, it requires additional time to review the opinion and and fully brief the State’s reasons for seeking rehearing and/or reconsideration en banc. 6. This extension is not being sought for purposes of delay but rather so that a thorough and clear motion for rehearing and/or reconsideration en banc may be presented to the Court. 7. Appellant/Cross-Appellee is not opposed to this motion. Appellees’ Motion for Extension of Time to File a Motion for Rehearing Page 2 8. Wherefore, Appellees/Cross-Appellants Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of Texas, request that this motion be granted, and that the time for filing a motion for rehearing and/or reconsideration en banc be extended to May 29, 2015. Respectfully submitted, KEN PAXTON Attorney General CHARLES E. ROY First Assistant Attorney General JAMES E. DAVIS Deputy Attorney General for Civil Litigation ROBERT O’KEEFE Division Chief Financial Litigation, Tax, and Charitable Trusts Division /s/Charles K. Eldred CHARLES K. ELDRED Attorney-in-Charge Financial Litigation, Tax, and Charitable Trusts Division State Bar No. 00793681 P.O. Box 12548 Austin, Texas 78711-2548 512-475-1743 512-477-2348 (fax) charles.eldred@texasattorneygeneral.gov Attorneys for Appellees Appellees’ Motion for Extension of Time to File a Motion for Rehearing Page 3 CERTIFICATE OF CONFERENCE I certify that conferred with Doug Sigel, counsel for Appellant/Cross- Appellee, and he does not oppose this Motion: /s/Charles K. Eldred Charles K. Eldred CERTIFICATE OF SERVICE I certify that a copy of this document was served on May 11, 2015 on Doug Sigel, counsel for Appellant/Cross-Appellee, to doug.sigel@ryanlawllp.com. /s/Charles K. Eldred Charles K. Eldred Appellees’ Motion for Extension of Time to File a Motion for Rehearing Page 4

Document Info

Docket Number: 03-14-00397-CV

Filed Date: 5/11/2015

Precedential Status: Precedential

Modified Date: 9/29/2016