No. ___________ 

In the 

Supreme Court of Texas 

TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY 

THERAPISTS; CHERYL GOMEZ IN HER CAPACITY AS EXECUTIVE DIRECTOR;

MICHAEL PUHL, IN HIS CAPACITY AS PRESIDING OFFICER; TEXAS 

ASSOCIATION FOR MARRIAGE AND FAMILY THERAPY, 

 Petitioners,

v. 

TEXAS MEDICAL ASSOCIATION, 

 Respondent. 

On Petition for Review to the Third Court of Appeals 

at Austin, Texas 

UNOPPOSED JOINT MOTION FOR EXTENSION OF TIME

TO FILE PETITION FOR REVIEW

Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 53.7(f), 

Petitioners, the Texas State Board of Examiners of Marriage and Family 

Therapists, Cheryl Gomez, Michael Puhl,*

 and the Texas Association for 

Marriage and Family Therapy, file this unopposed joint motion for extension 

 

*

 Cheryl Gomez and Michael Puhl have replaced Charles Horton and Sandra DeSobe, the 

parties to the judgments below, as executive director and presiding officer, respectively. 

They are automatically substituted as the parties in this Court pursuant to Texas Rule of 

Appellate Procedure 7.2(a). 

FILED

15-0299

4/20/2015 11:01:54 AM

tex-4948712

SUPREME COURT OF TEXAS

BLAKE A. HAWTHORNE, CLERK
 2 

of time requesting a 31-day extension of time to file their Petition for Review. 

No prior extensions have been requested. 

I. 

This case comes to the Court from the Third Court of Appeals in 

Austin, Texas. The case number in that court was 03-13-00077-CV, and the 

style was the same, Texas State Board of Examiners of Marriage and 

Family Therapists, et al. v. Texas Medical Association. The court of 

appeals’ judgment issued on November 21, 2014. Petitioners filed a motion 

for en banc reconsideration on December 8, 2014. The court denied 

Petitioners’ motion on March 10, 2015. 

II. 

 Petitioners’ Petition for Review is currently due on Friday, April 24. 

See TEX. R. APP. P. 53.7(a)(2). Petitioners seek a 31-day extension of that 

deadline, which would make their petition due on or before Monday, May 25, 

2015. 

III. 

Counsel for both the Texas State Board of Examiners of Marriage and 

Family Therapists and the Texas Association for Marriage and Family 

Therapy have had multiple briefing deadlines in other cases in the weeks 
 3 

leading up to the current April 24, 2015 deadline. Petitioners respectfully 

request this additional time not for purposes of delay, but to review the 

record on appeal and to analyze the relevant law so as to provide the Court 

with a thorough and helpful brief. This is Petitioners’ first such request, and 

counsel for Respondent does not oppose it. 
 4 

PRAYER

Petitioners respectfully request the Court to grant their motion for 

extension of time to extend the deadline of their Petition for Review to May 

25, 2015. 

BAKER BOTTS L.L.P. 

/s/ Thomas R. Phillips 

THOMAS R. PHILLIPS

State Bar No. 00000102 

DAVID T. ARLINGTON

State Bar No. 00790238 

GAVIN R. VILLAREAL

State Bar No. 24008211 

98 San Jacinto Blvd., Suite 1500 

Austin, Texas 78701-4039 

Tel.: (512) 322-2678 

Fax: (512) 322-8392 

tom.phillips@bakerbotts.com 

COUNSEL FOR APPELLANT/CROSSAPPELLEE TEXAS ASSOC. FOR 

MARRIAGE AND FAMILY THERAPY

Respectfully submitted.

KEN PAXTON

Attorney General of Texas 

CHARLES E. ROY

First Assistant Attorney General 

SCOTT A. KELLER

Solicitor General 

/s/ Dustin M. Howell 

DUSTIN M. HOWELL

Assistant Solicitor General 

State Bar No. 24050169 

OFFICE OF THE ATTORNEY GENERAL

P.O. Box 12548 (MC-059)

Austin, Texas 78711-2548

Tel.: (512) 936-0826 

Fax: (512) 474-2697 

dustin.howell@texasattorneygeneral.gov 

COUNSEL FOR APPELLANTS/CROSSAPPELLEES TEXAS STATE BOARD OF 

EXAMINERS OF MARRIAGE AND 

FAMILY THERAPISTS, CHERYL 

GOMEZ, AND MICHAEL PUHL
 5 

CERTIFICATE OF CONFERENCE

 On April 19, 2015, undersigned counsel conferred by email with counsel 

for respondent, David Bragg, who confirmed this motion is unopposed. 

 /s/ Dustin M. Howell 

 DUSTIN M. HOWELL

CERTIFICATE OF SERVICE

 On April 20, 2015, this motion was served via File & Serve Xpress and 

email on: 

David F. Bragg 

LAW OFFICES OF DAVID F. BRAGG, P.C. 

1010 Chestnut St. 

Bastrop, Texas 78602 

Fax: (512) 581-0245 

dfbragg@sbcglobal.net 

 /s/ Dustin M. Howell 

 DUSTIN M. HOWELL