Case No. 03-14-00808-CV Appellant’s Motion to Extend Time to File Brief 

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No. 03-14-00808-CV

IN THE 3RD COURT OF APPEALS

AUSTIN, TEXAS

Rosendo Morales, Appellant

V.

Texas Department of Insurance-Division of Workers’ 

Compensation and Commissioner Ryan Brannan, in his official 

capacity, Appellees

On appeal from the 146th District Court of Bell County, Texas; 

Cause No. 269,135-B, the Honorable Jack Weldon Jones 

Presiding 

APPELLANT'S UNOPPOSED MOTION TO EXTEND TIME 

TO FILE APPELLANT’S BRIEF

TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS: 

Appellant, Rosendo Morales respectfully asks this Honorable Court to 

extend the time to file Appellant’s Brief by 30 days plus two weekend days 

and a holiday. 

A. Introduction 

1. The Appellant is Rosendo Morales, a citizen of Texas and injured worker 

under the Texas Workers’ Compensation Act; and the Appellees are the Texas 

ACCEPTED

03-14-00808-CV

5048460

THIRD COURT OF APPEALS

AUSTIN, TEXAS

4/27/2015 3:19:26 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 4/27/2015 3:19:26 PM JEFFREY D. KYLE Clerk
Case No. 03-14-00808-CV Appellant’s Motion to Extend Time to File Brief

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Department of Insurance-Division of Workers' Compensation and 

Commissioner Ryan Brannan, in his official capacity, and are the state agency 

and head of the agency and collectively referred to as TDI-DWC.

2. This is an interlocutory appeal of the granting of a governmental entities 

plea to the jurisdiction.

3. The current deadline for Appellant’s brief is April 27, 2015.

4. This motion is filed on April 27, 2015, the current due date and within the 

time to file a motion to extend time, as required by Texas Rules of Appellate 

Procedure including Rule 38.6.

5. Lead counsel for Appellees, TDI-DWC, is unopposed to this motion. 

B. Argument & Authorities

6. This Court has authority under the Texas Rules of Appellate Procedure 

including Rule 38.6 to grant Appellant additional time to file Appellant’s Brief.

7. Appellant requests an additional 30 days from April 27, 2015 to file the 

Appellant’s Brief, extending the time until Wednesday, May 27, 2015.

8. No prior extensions to extend time to file the Appellant’s Brief have 

been granted, and the governmental entities, TDI-DWC Appellees are

unopposed to this extension.

9. Appellant needs additional time to file the Appellant’s Brief because:
Case No. 03-14-00808-CV Appellant’s Motion to Extend Time to File Brief

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a. Counsel for Appellant has been involved with other judicial and 

administrative proceedings in the last month and continuing into the next. 

Appellant’s counsel has also had previously set family and children’s 

educational and extracurricular commitments in the last month and extending

into this month. Appellant’s counsel is of counsel to a very small law firm, and 

counsel has had an extremely heavy workload with prior deadlines and 

hearings. Counsel had oral argument before the Texas Supreme Court on 

March 26, 2015 in Case No. 14-0272. Counsel filed a Reply Brief before the 5th

Court of Appeals 05-14-00892-CV on April 2, 2015. Counsel filed a Motion for 

Rehearing on April 13, 2015, in Case 14-0256 before the Texas Supreme 

Court. Counsel has a reply brief due on May 13, 2015 in Case 01-14-00508-CV

before the 1st Court of Appeals. Appellant’s Counsel also has a motion for 

rehearing due on May 11, 2015 before the 3rd Court of Appeals in Case No. 03-

13-00196-CV. Appellant’s counsel is also currently lead counsel of record in 

District Court matters in Travis County, Harris County, Nueces County, 

Edinburgh County, Rockwall County, and other counties. 

b. For the reasons contained herein, Appellant is filing this Motion to 

Extend Time to File the Appellant’s Motion Brief.
Case No. 03-14-00808-CV Appellant’s Motion to Extend Time to File Brief

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c. To be able to file the succinctly and adequately file the Appellant’s Brief

in this significant workers’ compensation matter an additional 30 days is

requested.

C. Conclusion

This motion to extend time to file Appellant’s Brief is not for the purposes of 

delay but for time for adequate and succinct briefing and more time to review 

the record in this critical workers’ compensation matter.

D. Prayer

12. For these reasons, Appellant respectfully prays and asks the Court to 

grant an extension of time of 30 days, until Wednesday, May 27, 2015, to file 

the Appellant’s Brief.

Respectfully,

/s/ Brad McClellan

Bradley Dean McClellan

State Bar No. 13395980

1701 Directors Blvd., Suite 110

Austin, Texas 78744

(512) 327-6884 telephone

(512) 327-8354 facsimile

Brad.McClellan@yahoo.com

Attorney for Appellant
Case No. 03-14-00808-CV Appellant’s Motion to Extend Time to File Brief

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CERTIFICATE OF CONFERENCE

I certify that I have conferred with Adrienne Butcher, lead counsel for 

Appellees, TDI-DWC, by email, and she is unopposed to the Appellant’s Motion 

to Extend Time. 

/s/ Brad McClellan

Bradley Dean McClellan

CERTIFICATE OF SERVICE

I certify that a copy of the foregoing Appellant’s Motion to Extend Time 

was served on the through counsel of record by the method indicated below 

on April 27, 2015:

Adrienne Butcher, Assistant Attorney 

General 

adrienne.butcher@texasattorneygeneral.gov

Administrative Law Division 

Office of the Attorney General of Texas

P.O. Box 12548 (MC-018), Capital Station 

Austin, Texas 78711-2548 

512-475-4208

Facsimile: (512) 320-0167

Attorney for TDI-DWC Appellants

Via eservice and email

/s/ Brad McClellan

Brad McClellan