CASE NO. 03-16-00631-CV

__________________________________________________________________ 

IN THE COURT OF APPEALS 

FOR THE THIRD DISTRICT OF TEXAS AT AUSTIN 

__________________________________________________________________ 

TEXAS DEPARTMENT OF FAMILY 

AND PROTECTIVE SERVICES, 

Appellant, 

v.

CHERYL WALLACE, 

Appellee. 

 

On Appeal from the 126th Judicial District Court of Travis County, Texas; 

Cause No. D-1-GN-14-003182; Before the Honorable Orlinda Naranjo

APPELLANT’S SECOND UNOPPOSED 

MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF

TO THE HONORABLE THIRD COURT OF APPEALS: 

 Appellant, Texas Department of Family and Protective Services (“the 

Department”), files its Second Unopposed Motion to Extend Time to File 

Appellant’s Brief, pursuant to Tex. R. Appellate Proc. 10.5(b) and 38.6. In support 

hereof, the undersigned would respectfully show the Court the following: 

Appellant’s Brief is due on November 22, 2016. Appellant requests a 17-day 

extension (taking into account the Thanksgiving Holiday) to December 9, 2016. In 

ACCEPTED

03-16-00631-CV

13881806

THIRD COURT OF APPEALS

AUSTIN, TEXAS

11/18/2016 3:13:26 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 11/18/2016 3:13:26 PM JEFFREY D. KYLE Clerk
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addition to the cases cited in Appellant’s First Unopposed Motion to Extend Time 

which resulted in the initial request for an additional 15 days in which to file, 

Appellant was required to prepare for hearings:

Shantell Washington d/b/a Cozy Kids Child Care Academy v. Texas 

Department of Family and Protective Services, Cause No. 2016-73247, heard in the 

ancillary court of Harris County, Texas, on November 14, 2016;

Ex Parte A.T., Cause No. 2016CI16377, In the 150th Judicial District Court of 

Bexar County, Texas. This cause was set for hearing on November 17, 2016. This 

cause required significantly more preparatory work than counsel initially planned;

Appellant has a hearing in Cause No. D-1-GN-16-000767, Eleanor Janice 

Law v. University of Texas System, and Texas Higher Education Coordinating 

Board and Teacher Retirement System of Texas and Texas Optional Retirement 

System, et. al., set for November 28, 2016;

Appellant has a hearing in Cause No. 2016-30247, Ex Parte HCV, in the 113th

Judicial District Court of Harris County, Texas, on December 2, 2016.

Additionally, Appellant has other cases requiring attention.

This request is not being made for purposes of delay only.

For the reasons stated above, Appellant respectfully requests that the Court 

grant a 17–day extension of time in which to file Appellant’s Brief, to December 9, 

2016, and for such other and further relief to which it may be justly entitled.
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Respectfully submitted,

KEN PAXTON

Attorney General of Texas

JEFFREY C. MATEER

First Assistant Attorney General

BRANTLEY STARR

Deputy First Assistant Attorney General

JAMES E. DAVIS

Deputy Attorney General for Civil Litigation

NICHOLE BUNKER-HENDERSON

Chief, Administrative Law Division

/s/ Ellen M. Sameth

ELLEN M. SAMETH

Assistant Attorney General

Texas State Bar No. 17555550

OFFICE OF THE TEXAS ATTORNEY GENERAL

ADMINISTRATIVE LAW DIVISION

P.O. Box 12548

Austin, Texas 78711-2548

Telephone: (512) 936-1838 

Facsimile: (512) 457-4608

E-mail: ellen.sameth@oag.texas.gov

ATTORNEYS FOR TEXAS DEPARTMENT OF

FAMILY AND PROTECTIVE SERVICES

CERTIFICATE OF CONFERENCE

I certify that I have conferred with Martin Cirkiel, Appellee’s counsel, on 

November 18, 2016, regarding this request, and that Appellee is unopposed to the 

granting of the requested extension of time in which to file Appellant’s Brief.
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/s/ Ellen M. Sameth

Ellen M. Sameth

Assistant Attorney General

CERTIFICATE OF SERVICE

I hereby certify that on November 18, 2016, a true and correct copy of the 

foregoing document was served via the Court’s ECF system and via electronic mail 

to counsel of record:

Martin J. Cirkiel

Cirkiel & Associates, P.C.

1901 E. Palm Valley Blvd.

Round Rock, Texas 78664

marty@cirkielaw.com

/s/ Ellen M. Sameth

Ellen M. Sameth

Assistant Attorney General