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NO. 03-15-00186-CV

__________________________________________________ 

IN THE COURT OF APPEALS 

THIRD JUDICIAL DISTRICT OF TEXAS 

AT AUSTIN 

 ________________________________________________ 

GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS 

OF THE STATE OF TEXAS; AND 

KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS, 

Appellants

v.

STATEWIDE MATERIALS TRANSPORT, LTD., 

Appellee. 

UNOPPOSED, FIRST MOTION FOR 

EXTENSION OF TIME TO FILE APPELLEE’S BRIEF 

TO THE HONORABLE THIRD COURT OF APPEALS: 

Appellee Statewide Materials Transport, Ltd. moves pursuant to Rules 10.5(b) 

and 38.6(d) of the Texas Rules of Appellate Procedure, asking that this Court grant 

a 30-day extension of time for filing its Appellee’s Brief from June 16 to July 16, 

2015. This Motion is UNOPPOSED by Appellants Glenn Hegar, Comptroller of 

Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the 

State of Texas. 

ACCEPTED

03-15-00186-CV

5536681

THIRD COURT OF APPEALS

AUSTIN, TEXAS

6/3/2015 5:19:47 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 6/3/2015 5:19:47 PM JEFFREY D. KYLE Clerk
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I. INTRODUCTION

1. Appellants are Glenn Hegar, Comptroller of Public Accounts of the 

State of Texas, and Ken Paxton, Attorney General of the State of Texas

(“Appellants”).

2. Appellee is Statewide Materials Transport, Ltd. (“Appellee”).

3. No rule provides a deadline to file this Motion to Extend. See Tex. R. 

App. P. 38.6(d).

II. ARGUMENT & AUTHORITIES

4. The Court has authority under Texas Rule of Appellate Procedure 

38.6(d) to extend the time to file Appellee’s Brief. This Motion is filed in 

accordance with Texas Rule of Appellate Procedure 10.5(b)(1).

5. Appellee’s Brief is currently due on Tuesday, June 16, 2015.

6. The undersigned counsel for Appellee have had several pending 

deadlines and professional obligations since the filing of Appellants’ Brief, which 

have prevented them from being able to complete the Brief by June 16, and they 

have additional deadlines and obligations in the coming weeks that necessitate the 

30-day extension now sought without opposition. More specifically, these 

deadlines include the following for Appellee’s counsel:

a. Amanda Taylor: (1) Petitioner’s Brief on the Merits due in the 

Supreme Court of Texas on May 13 (No. 14-0647); (2) oral argument before this 
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Court on June 3 (No. 03-14-00197-CV); (3) attending a two-day continuing legal 

education course on June 4-5 (“State and Federal Appeals”); (4) Petitioner’s Reply 

Brief due in the Supreme Court on June 17 (No. 14-0647); (5) Appellee’s Brief 

currently due in this Court on June 19 (No. 03-14-00713-CV); and (6) vacation 

including prepaid travel on June 10 through 14, as stated in the vacation notice on 

file with this Court.

7. Appellee therefore requests a 30-day extension of its brief-filing 

deadline. 

8. The requested extension of Appellee’s Brief deadline will not prejudice 

any party.

9. No extensions of time have previously been requested by or granted to 

Appellee regarding its Brief. 

10. The $10.00 filing fee has been submitted in connection with this 

Motion.
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III. PRAYER

For these reasons, Appellee respectfully prays, without any opposition of 

Appellants, that this Court grant an extension of time to file Appellee’s Brief from 

June 16 to July 16, 2015, which is 30 days from the current deadline.

Respectfully submitted,

MARTENS, TODD, LEONARD, TAYLOR & AHLRICH

301 Congress Ave., Suite 1950

Austin, Texas 78701

Telephone: (512) 542-9898

Telecopier: (512) 542-9899

By: /s/ Amanda G. Taylor

Amanda Taylor

ataylor@textaxlaw.com

State Bar No. 24045921

James F. Martens

jmartens@textaxlaw.com

State Bar No. 13050720

Lacy L. Leonard

lleonard@textaxlaw.com

State Bar No. 24040561

Danielle V. Ahlrich

dahlrich@textaxlaw.com

State Bar No. 24059215

ATTORNEYS FOR APPELLEE

STATEWIDE MATERIALS 

TRANSPORT, LTD.
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CERTIFICATE OF CONFERENCE

As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that 

counsel for Appellee has conferred with counsel for Appellants, Mr. Douglas 

Geyser, about the merits of this Motion on June 3, 2015. Mr. Geyser does not 

oppose this Motion.

/s/ Amanda G. Taylor

Amanda G. Taylor

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Unopposed First 

Motion for Extension of Time to File Appellee’s Brief has been electronically filed 

and served on all counsel below on June 3, 2015. 

Douglas D. Geyser

Assistant Solicitor General

OFFICE OF THE ATTORNEY GENERAL

P.O. Box 12548 (MC 059)

Austin, Texas 78711-2548

(512) 936-2540

(512) 474-2697 [fax]

douglas.geyser@texasattorneygeneral.gov

Charles Eldred

Assistant Attorney General

OFFICE OF THE ATTORNEY GENERAL,

FINANCIAL AND TAX LITIGATION DIVISION

P.O. Box 12548

Austin, Texas 78711

(512) 463-1745

(512) 477-2348 [fax]

charles.eldred@texasattorneygeneral.gov

/s/ Amanda G. Taylor

Amanda G. Taylor