Appellant M&M Orthodontics, P.A.’s Motion to Extend Time to File Brief 

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NO. 03-14-00612-CV

IN THE 

THIRD COURT OF APPEALS 

AUSTIN, TEXAS 

M&M ORTHODONTICS, P.A., 

Appellant, 

v.

ACS STATE HEALTHCARE, LLC, 

Appellees. 

On appeal from the 126th District Court, Travis County, Texas 

Cause No. D-1-GN-14-000321 

FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF 

Appellant asks the Court to extend the time to file Appellant’s Brief. 

A. Introduction 

1. Appellant is M&M Orthodontics, P.A. 

2. This motion is filed within the period to file a motion to extend the time to 

file briefs, as required by Rules 10.5 and 38.6. 

3. The appellees are not opposed to this motion. 

ACCEPTED

03-14-00612-CV

3756235

THIRD COURT OF APPEALS

AUSTIN, TEXAS

1/13/2015 4:35:54 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 1/13/2015 4:35:54 PM JEFFREY D. KYLE Clerk
Appellant M&M Orthodontics, P.A.’s Motion to Extend Time to File Brief

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B. Argument & Authorities

4. The Court may grant an extension of time to file briefs under Texas Rule 

of Appellate Procedure 38.6.

5. The deadline to file the Brief is January 12, 2015.

6. Appellant requests an additional 30 days to file its Brief, extending the 

time until February 11, 2015.

7. This appeal may become moot because the State of Texas recently filed, 

against the Appellant in this appeal, similar but discrete civil court claims on 

related issues. As a result, those new claims may obviate the need for this appeal. 

In addition, if the same legal questions ultimately present themselves in those 

new civil cases, the issues may be more clear and straightforward to bring in 

those cases. Appellant’s counsel needs some additional time to research the effect 

of those new, similar claims by the State of Texas to determine whether this 

appeal is necessary to preserve appellant’s legal complaints.

8. No previous extension has been requested or granted to extend the time to 

file Appellant’s Brief.

C. Prayer

8. For these reasons, Appellant asks the Court to grant an extension of time to 

file Brief until February 11, 2015. 
Appellant M&M Orthodontics, P.A.’s Motion to Extend Time to File Brief

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Respectfully Submitted,

Jason Ray

State Bar No. 24000511

RIGGS ALESHIRE & RAY, P.C.

700 Lavaca, Suite 920

Austin, Texas 78701

(512) 457-9806 Telephone

(512) 457-9066 Facsimile

jray@r-alaw.com

CERTIFICATE OF CONFERENCE

I communicated by telephone on January 12, 2015 with opposing counsel, 

Raymond Winter (for the State of Texas) and Eric J.R. Nichols (for ACS State 

Healthcare) and they advised that they do not oppose this motion.

___________________________

Jason Ray
Appellant M&M Orthodontics, P.A.’s Motion to Extend Time to File Brief

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CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document was 

served by eservice on January 13, 2015 to the following:

Counsel for State of Texas:

Raymond Winter

Margaret Moore

Office of the Attorney General

P.O. Box 12458

Austin, TX 78711-2548

raymond.winter@texasattorneygeneral.gov

margaret.moore@texasattorneygeneral.gov

Counsel for ACS State Healthcare,LLC:

Eric J.R. Nichols

Christopher R. Cowan

Beck Redden, LLP

515 Congress Avenue, Suite 1750

Austin, Texas, 78701 

enichols@beckredden.com

ccowan@beckredden.com

___________________________

Jason Ray