No. 03-15-00528-CV

In the Third Court of Appeals

Austin, Texas

TEXAS EDUCATION AGENCY AND MICHAEL WILLIAMS,

COMMISSIONER OF EDUCATION, IN HIS OFFICIAL CAPACITY,

Appellants

v.

ACADEMY OF CAREERS AND TECHNOLOGIES, INC. D/B/A

ACADEMY OF CAREERS AND TECHNOLOGIES CHARTER SCHOOL,

Appellee 

ACCELERATED APPEAL FROM CAUSE NO. D-1-GN-15-002879

200TH JUDICIAL DISTRICT COURT OF TRAVIS COUNTY, TEXAS

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 file this motion requesting a 30-day 

extension of time for filing its brief in this appeal. Appellee respectfully shows:

1. Appellee’s brief is currently due on November 9, 2015.

2. Appellee requests a 30-day extension of time, or until December 9, 

2015, for filing its brief. Appellee 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

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 11/9/2015 5:34:24 PM JEFFREY D. KYLE Clerk
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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 brief. Counsel needs 

additional time to review the record, conduct the necessary 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 following 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 posttrial briefs in Johnson Ranch Municipal Utility District 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 CONFERENCE

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 Smith
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CONCLUSION AND PRAYER

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 

requests all other appropriate relief to which it is entitled.

Respectfully submitted,

SMITH LAW GROUP LLLP

1250 Capital of Texas Highway 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 Appellants

/s/ D. Todd Smith

D. Todd Smith