State ( 2015 )

ACCEPTED
01-15-00784-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
11/25/2015 5:16:27 PM
CHRISTOPHER PRINE
CLERK
No. 01-15-00784-CV
____________________
FILED IN
IN THE FIRST COURT OF APPEALS 1st COURT OF APPEALS
HOUSTON, TEXAS
HOUSTON, TEXAS 11/25/2015 5:16:27 PM
____________________ CHRISTOPHER A. PRINE
Clerk
IN THE INTEREST OF E.S.R.
____________________
On Appeal from Probate Court No. 4
Harris County, Texas, Cause No. I-218340
__________________________________________________________________
APPELLEE STATE OF TEXAS’ UNOPPOSED MOTION
TO EXTEND TIME TO FILE BRIEF
__________________________________________________________________
To the Honorable Justices of the Court of Appeals:
Appellee State of Texas (the State) respectfully asks the Court to extend the
time to file its brief. The Court has authority under Texas Rule of Appellate
Procedure 38.6(d) to extend the time to file a brief. The State’s brief is due on
December 3, 2015. The State requests an additional twenty days to file its brief in
this accelerated appeal, extending the due date to December 23, 2015.
This is the first extension of time sought by the State in this appeal. Counsel
for the State filed or will file appellate briefs in unrelated cases on November 12,
2015, November 16, 2015, and December 16, 2015. The State needs additional
time to file its brief so that counsel may adequately review the record and file a
thorough brief thereby preserving judicial economy. The need for an extension is
not due to sloth or neglect, and is not requested for the purpose of delay.
For these reasons, the State respectfully asks the Court to grant a twenty-day
extension of time to file its brief.
Respectfully submitted,
V INCE R YAN
Harris County Attorney
/s/ Keith A. Toler
K EIT H A. T OLER
Assistant County Attorney
State Bar No. 24088541
H ARRIS C OUNTY A TTORNEY ’ S O FFICE
1019 Congress, 15th Floor
Houston, Texas 77002
Phone: (713) 274-5265
Fax: (713) 755-8924
Email: Keith.Toler@cao.hctx.net
Counsel for Appellee
State of Texas
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CERTIFICATE OF CONFERENCE
I certify that I conferred with Michael Scott Thomas, counsel for Appellant,
by email regarding this motion on November 25, 2015. Mr. Thomas indicated
Appellant is not opposed to this motion to extend time.
/s/ Keith A. Toler
K EIT H A. T OLER
Counsel for Appellee
CERTIFICATE OF SERVICE
I certify that on November 25, 2015, I served a true and correct copy of the
foregoing motion to extend time on Michael Scot Thomas, counsel for Appellant,
by electronic transmission via the electronic filing manager or by email.
Michael Scott Thomas
T HOMAS & W ILLIAMS , L.L.P.
2626 S. Loop West, Suite 561
Houston, Texas 77054
mstlawyer@aol.com
Counsel for Appellant
/s/ Keith A. Toler
K EIT H A. T OLER
Counsel for Appellee
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