# State v. Erasmo Montalvo

> Texas Court of Appeals, 3rd District (Austin) · May 26, 2015

URL: https://www.frixlaw.com/law-library/cases/4066849

## Case

- **Court:** Texas Court of Appeals, 3rd District (Austin)
- **Decided:** May 26, 2015
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4066849

## Opinion text

ACCEPTED
03-13-00370-CV
5418084
THIRD COURT OF APPEALS
AUSTIN, TEXAS
5/26/2015 2:25:41 PM
JEFFREY D. KYLE
CLERK
NO. 03-13-00370-CV

FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
IN THE THIRD COURT OF APPEALS 5/26/2015 2:25:41 PM
JEFFREY D. KYLE
Clerk

THE STATE BOARD OF EDUCATOR CERTIFICATION and MICHAEL
BARRY, THE ACTING CHIEF EXECUTIVE OFFICER OF THE STATE
BOARD FOR EDUCATOR CERTIFICATION, IN HIS OFFICIAL
CAPACITY ONLY,
Appellant
v.
ERASMO MONTALVO,
Appellee

Original Proceeding from the
200th District Court, Travis County, Texas

UNOPPOSED AMENDED MOTION TO EXTEND TIME TO FILE
APPELLEE’S RESPONSE BRIEF

BRIM, ARNETT, ROBINETT, CONNERS & MC CORMICK, P.C.
Mark Robinett
State Bar No. 17083600
Corey Tanner
State Bar No. 24071193
2525 Wallingwood Drive, Bldg. 14
Austin, Texas 78746
Telephone: (512) 328-0048
Facsimile: (512) 328-4814

Counsel for Erasmo Montalvo

1
Identity of Parties and Counsel

Appellant/Plaintiff: Plaintiff/Appellant’s Appellate Counsel:

Brim, Arnett & Robinett,
Mark W. Robinett
State Bar No. 17083600
Corey Tanner
State Bar No. 24071193
2525 Wallingwood Drive, Bldg. 14
Austin, Texas 78746
Telephone: (512) 328-0048
Facsimile: (512) 328-4814

Appellees/Defendants: Relator’s Counsel:

Douglas D. Geyser
Ellen Sameth
Assistant Attorneys General
Office of the Attorney General of Texas
Administrative Law Division
PO Box 12548, Capitol Station
Austin, Texas 78711-2548
Telephone: (512) 475-4200
Facsimile: (512) 320-0167

2
TO THE HONORABLE THIRD COURT OF APPEALS:

Pursuant to TEX. R. APP. P. 10.5(B) and 55.7, the Appellee, Erasmo

Montalvo, files his Unopposed Motion to Extend Time to File a Response to

Relator’s Petition for Writ of Mandamus and Motion for Temporary Relief.

Mr. Montalvo’s response is due May 28, 2015.

Counsel for Montalvo requests a 30 day extension of time to file his response,

making the response due on June 29, 2015. This is the first request for

extension of time to file the response.

Counsel for Mr. Montalvo relies on the following reasons to explain the need

for the requested extension:

 Counsel for Montalvo has been out of the office for extended periods,

traveling to serve the needs of his clients around the state,

 Spring is the busiest season for Montalvo’s counsel, and it has been

necessary to prepare a number of other cases that have required the

majority of his time and focus.

There have been no previous extensions granted in this cause.

This request is not sought for delay but so that justice may be done.

Appellee’s counsel has conferred with Ellen Sameth, counsel for the

Appellants, and she has indicated she does not oppose this motion.

All facts recited in this motion are within the personal knowledge of the

3
counsel signing this motion; therefore no verification is necessary under Texas Rule

of Appellate Procedure 10.2.

PRAYER FOR RELIEF

For the reasons set forth above, the Real Party in Interest, Erasmo Montalvo,

requests that this Court grant this Unopposed Motion to Extend Time to File Mr.

Montalvo’s response and extend the deadline for filing the response to June 29,

2015.

Respectfully submitted,

BRIM, ARNETT & ROBINETT, P.C.

/S/ Mark W. Robinett

Mark W. Robinett
State Bar No. 17083600
2525 Wallingwood Drive, Bldg. 14
Austin, Texas 78746
Telephone: (512) 328-0048
Facsimile: (512) 328-4814

Attorney for Erasmo Montalvo

CERTIFICATE OF CONFERENCE

Pursuant to TEX. R. APP. P. 10.1(5), I certify that the undersigned has
conferred with Ellen Sameth, opposing counsel, who stated that she does not
oppose this motion.

/S/ Mark W. Robinett
Mark W. Robinett
4
CERTIFICATE OF SERVICE

Pursuant to TEX. R. APP. P. 9.5, I certify that on May 26, 2015, a copy of this
motion was sent via the Court’s electronic filing system to the following:

Ellen Sameth
Douglas D. Geyser
Assistant Attorney General
Office of the Attorney General of Texas
Administrative Law Division
PO Box 12548, Capitol Station
Austin, Texas 78711-2548
Counsel for the State Board for Educator Certification

/S/ Mark W. Robinett
Mark Robinett

5

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4066849. Public record. Not legal advice.