# Texas Department of Family and Protective Services v. Cheryl Wallace

> Texas Court of Appeals, 3rd District (Austin) · November 18, 2016

URL: https://www.frixlaw.com/law-library/cases/4100891

## Case

- **Court:** Texas Court of Appeals, 3rd District (Austin)
- **Decided:** November 18, 2016
- **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/4100891

## Opinion text

ACCEPTED
03-16-00631-CV
13881806
THIRD COURT OF APPEALS
AUSTIN, TEXAS
11/18/2016 3:13:26 PM
JEFFREY D. KYLE
CLERK
CASE NO. 03-16-00631-CV
__________________________________________________________________
FILED IN
3rd COURT OF APPEALS
IN THE COURT OF APPEALS AUSTIN, TEXAS
FOR THE THIRD DISTRICT OF TEXAS AT AUSTIN
11/18/2016 3:13:26 PM
__________________________________________________________________
JEFFREY D. KYLE
Clerk
TEXAS DEPARTMENT OF FAMILY
AND PROTECTIVE SERVICES,
Appellant,

v.

CHERYL WALLACE,
Appellee.

On Appeal from the 126th Judicial District Court of Travis County, Texas;
Cause No. D-1-GN-14-003182; Before the Honorable Orlinda Naranjo

APPELLANT’S SECOND UNOPPOSED
MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF

TO THE HONORABLE THIRD COURT OF APPEALS:

Appellant, Texas Department of Family and Protective Services (“the

Department”), files its Second Unopposed Motion to Extend Time to File

Appellant’s Brief, pursuant to Tex. R. Appellate Proc. 10.5(b) and 38.6. In support

hereof, the undersigned would respectfully show the Court the following:

Appellant’s Brief is due on November 22, 2016. Appellant requests a 17-day

extension (taking into account the Thanksgiving Holiday) to December 9, 2016. In
addition to the cases cited in Appellant’s First Unopposed Motion to Extend Time

which resulted in the initial request for an additional 15 days in which to file,

Appellant was required to prepare for hearings:

Shantell Washington d/b/a Cozy Kids Child Care Academy v. Texas

Department of Family and Protective Services, Cause No. 2016-73247, heard in the

ancillary court of Harris County, Texas, on November 14, 2016;

Ex Parte A.T., Cause No. 2016CI16377, In the 150th Judicial District Court of

Bexar County, Texas. This cause was set for hearing on November 17, 2016. This

cause required significantly more preparatory work than counsel initially planned;

Appellant has a hearing in Cause No. D-1-GN-16-000767, Eleanor Janice

Law v. University of Texas System, and Texas Higher Education Coordinating

Board and Teacher Retirement System of Texas and Texas Optional Retirement

System, et. al., set for November 28, 2016;

Appellant has a hearing in Cause No. 2016-30247, Ex Parte HCV, in the 113th

Judicial District Court of Harris County, Texas, on December 2, 2016.

Additionally, Appellant has other cases requiring attention.

This request is not being made for purposes of delay only.

For the reasons stated above, Appellant respectfully requests that the Court

grant a 17–day extension of time in which to file Appellant’s Brief, to December 9,

2016, and for such other and further relief to which it may be justly entitled.

2
Respectfully submitted,

KEN PAXTON
Attorney General of Texas
JEFFREY C. MATEER
First Assistant Attorney General

BRANTLEY STARR
Deputy First Assistant Attorney General

JAMES E. DAVIS
Deputy Attorney General for Civil Litigation

NICHOLE BUNKER-HENDERSON
Chief, Administrative Law Division

/s/ Ellen M. Sameth
ELLEN M. SAMETH
Assistant Attorney General
Texas State Bar No. 17555550
OFFICE OF THE TEXAS ATTORNEY GENERAL
ADMINISTRATIVE LAW DIVISION
P.O. Box 12548
Austin, Texas 78711-2548
Telephone: (512) 936-1838
Facsimile: (512) 457-4608
E-mail: ellen.sameth@oag.texas.gov
ATTORNEYS FOR TEXAS DEPARTMENT OF
FAMILY AND PROTECTIVE SERVICES

CERTIFICATE OF CONFERENCE

I certify that I have conferred with Martin Cirkiel, Appellee’s counsel, on

November 18, 2016, regarding this request, and that Appellee is unopposed to the

granting of the requested extension of time in which to file Appellant’s Brief.

3
/s/ Ellen M. Sameth
Ellen M. Sameth
Assistant Attorney General

CERTIFICATE OF SERVICE
I hereby certify that on November 18, 2016, a true and correct copy of the

foregoing document was served via the Court’s ECF system and via electronic mail

to counsel of record:

Martin J. Cirkiel
Cirkiel & Associates, P.C.
1901 E. Palm Valley Blvd.
Round Rock, Texas 78664
marty@cirkielaw.com

/s/ Ellen M. Sameth
Ellen M. Sameth
Assistant Attorney General

4

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4100891. Public record. Not legal advice.