### No. 03

- 15

- 00 528

- CV 

## In the Third Court of Appeals Austin, Texas

T EXAS E DUCATION A GENCY AND M ICHAEL W ILLIAMS , C OMMISSIONER OF E DUCATION , IN H IS O FFICIAL C APACITY , Appellants

v.

A CADEMY OF C AREERS AND T ECHNOLOGIES , I NC
. D / B / A A CADEMY OF C AREERS AND T ECHNOLOGIES C HARTER S CHOOL , Appellee

A CCELERATED A PPEAL FROM C AUSE N O

. D

- 1

- GN

- 15

- 002879 200 TH J UDICIAL D ISTRICT C OURT OF T RAVIS C OUNTY , T EXAS

MOTION FOR EXTENSION OF TIME TO FILE APPELLEE ’ S BRIEF

TO THE HONORABLE THIRD COURT OF APPEALS:
Appellee Academy of Careers and Technologies, Inc. d/b/a Academy of

Careers and Technologies Charter School f ile this motion requesting a 30

- day
extension of time for filing its brief in this appea l. App ellee respectfully show s :

1. Appell ee’s b rief is currently due on November 9, 2015.

2. Appell ee requests a 30

- day extension of time , or until December 9
, 2015, for filing its brief. Appell ee has requested no previous extensions. ACCEPTED 03-15-00528-CV 7753727 THIRD COURT OF APPEALS

AUSTIN, TEXAS 11/9/2015 5:34:24 PM JEFFREY D. KYLE

CLERK2 3. The undersigned counsel was not involved in the trial court
proceeding until after the temporary injunction/plea to the jurisdiction hearing and
has been given sole responsibility for preparing Appellee’s b rief. Counsel needs

additional time to review the record, conduct the necessa ry research, and prepare a

brief that will assist the Court in resolving this appeal.

4. The demands of other cases have also made this motion necessary.
Specifically, the undersigned has been occupied with or is managing conflicting

deadlines for the followi ng matters:

• attending the 40

- hour basic mediation training course offered twice annually through the Dispute Resolution Center in Austin;

• preparing for and participating in a bench trial and preparing post

trial briefs in Johnson Ranch Municipal Utility Di strict v. Patricia Lux Graham and Margie Hastings , Cause No. C2014

- 0438B in the 207th Judicial District Court of Comal County, Texas;

• a reply in support of the petition for review in Tom Bennett and James B. Bonham Corporation v. Larry Wayne Grant , No. 15

- 0338 in the Supreme Court of Texas.

CERTIFICATE OF CONFE RENCE
I certify that I have attempted to confer with Appellant’s counsel, Erika

Laremont, about the merits of this motion, but did not receive a return email before
filing this motion.

/s/ D. Todd Smith D. Todd Smi th3 CONCLUSION AND PRAYE R
For these reasons, Appellee respectfully asks the Court to grant this motion
for extension of time, thus making its brief due on December 9, 2015. Appellee

request s all other appropriate relief to which it is entitled.
Respectfully submitted,



### S MITH 

### L AW 

### G ROUP 

### LLLP 1250 Capital of Texas H ighway South Three Cielo Center, Suite 601 Austin, Texas 78746 (512) 439

- 3230 (512) 439

- 3232 (fax)
By: /s/D. Todd Smith D. Todd Smith State Bar No. 00797451 todd@appealsplus.com
Counsel for Appellee

CERTIFICATE OF SERVICE

On November 9 , 2015, in compliance with Texas Rule of Appellate

Procedure 9.5, I served this document by e

- service, e

- mail, facsimile, or mail to:

Erika M. Laremont erika.laremont@texasattorneygeneral.gov Assistant Attorney General General Litigation Division P.O. Box 12548 Austin, Texas 78711

- 2548
Counsel for Appellant s

/s/ D. Todd Smith D. Todd Smith