The opinion
ACCEPTED
03-13-00370-CV
8116478
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/7/2015 1:35:07 PM
JEFFREY D. KYLE
No. 03-13-00370-CV CLERK
FILED IN
In The Court Of Appeals 3rd COURT OF APPEALS
For The Third Court Of Appeals District AUSTIN, TEXAS
12/7/2015 1:35:07 PM
Austin, Texas
JEFFREY D. KYLE
Clerk
The State Board for Educator Certification,
Appellant,
v.
Erasmo Montalvo,
Appellee
ON APPEAL FROM THE 200TH DISTRICT COURT, TRAVIS COUNTY, TEXAS
TRIAL COURT CAUSE NO. D-1-GN-12-002991
APPELLEE’S UNOPPOSED MOTION TO EXTEND TIME TO FILE
MOTION FOR REHEARING
BRIM ARNETT & ROBINETT, P.C.
Mark Robinett
State Bar No. 17083600
2525 Wallingwood Drive, Bldg. 14
Austin, Texas 78746
Telephone: (512) 328-0048
Facsimile: (512) 328-4814
Counsel for Erasmo Montalvo
TO THE HONORABLE THIRD COURT OF APPEALS:
Pursuant to TEX. R. APP. P. 49.8, Erasmo Montalvo, Appellee, files his Unopposed
Motion to Extend Time to File Motion for Rehearing.
Montalvo’s Motion for Rehearing is currently due on December 15, 2015.
Counsel for Montalvo requests a 14-day extension of time to file his Motion for
Rehearing, making the it due on December 13, 2015. This is the first request for extension of
time to file the Motion for Rehearing.
Counsel for Montalvo relies on the following reasons to explain the need for the
requested extension:
The Opinion in this cause was issued on November 24, 2015, two days before
Thanksgiving, while counsel for Montalvo, Mark Robinett, was on vacation
Counsel has had a busy schedule since returning from vacation, including out of
town administrative conferences and preparation for a hearing on the due date for
the Motion for Rehearing at the State Office of Administrative Hearings.
Counsel has been suffering from a minor illness for the three days prior to filing
this motion.
Counsel for Montalvo seeks this extension of time to be able to prepare an appropriate
brief to aid this Court in its analysis of the issues presented. This request is not sought for
delay but so that justice may be done.
All facts recited in this motion are within the personal knowledge of the 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, Erasmo Montalvo, Appellee, requests that this Court
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grant his Unopposed Motion to Extend Time to File Motion for Rehearing and extend the
deadline for filing that Motion to December 23, 2015.
Respectfully submitted,
BRIM ARNETT ROBINETT
CONNERS & MCCORMICK, 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 appellant’s counsel has conferred
with opposing counsel who indicated that she did not oppose this motion.
/s/ Mark W. Robinett
Mark W. Robinett
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CERTIFICATE OF SERVICE
Pursuant to TEX. R. APP. P. 9.5, I certify that on December 7, 2015, a copy of this motion
was sent via the Court’s electronic filing system and via facsimile to the following:
Ellen Sameth
Assistant Attorney General
Counsel for The State Board for Educator
Certification
/s/ Mark W. Robinett
Mark W. Robinett
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