No. 03-15-00742-CV 

_______________________________________________________________

IN THE COURT OF APPEALS 

FOR THE THIRD DISTRICT OF TEXAS

AT AUSTIN

_______________________________________________________________ 

TEXAS BOARD OF NURSING

Appellant, 

v.

DARLENE MORIARTY

Appellee. 

________________________________________________________________ 

On Appeal from the 53rd Judicial District Court

Of Travis County, Texas

Cause No. D-1-GN-14-002410

__________________________________________________________________

OPPOSED MOTION FOR EXTENSION OF TIME TO FILE 

APPELLANT’S BRIEF 

__________________________________________________________________

KEN PAXTON

Attorney General of Texas

CHARLES E. ROY

First Assistant Attorney General

JAMES E. DAVIS

Deputy Attorney General for Civil 

Litigation

DAVID A. TALBOT, JR.

Chief, Administrative Law Division

KARA HOLSINGER 

Assistant Attorney General

State Bar No. 24065444

OFFICE OF THE ATTORNEY GENERAL 

OF TEXAS

Administrative Law Division

P.O. Box 12548, Capitol Station

Austin, Texas 78711-2548

Telephone: (512) 475-4203

Facsimile: (512) 320-0167

kara.holsinger@texasattorneygeneral.gov 

COUNSEL FOR APPELLANT

ACCEPTED

03-15-00742-CV

8372453

THIRD COURT OF APPEALS

AUSTIN, TEXAS

12/28/2015 10:25:24 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 12/28/2015 10:25:24 AM JEFFREY D. KYLE Clerk
Appellant, the Texas Board of Nursing (“the Board”), respectfully asks this 

Court for an extension of time to file Appellant’s Brief pursuant to Texas Rules of 

Appellate Procedure 10.5(b) and 38.6(d). The Board’s brief is due January 5, 2016. 

The Board respectfully requests an additional twenty-four days in which to file its 

brief, making the brief due to be filed on or before January 29, 2015. This is the 

Board’s first request for an extension. Appellee is opposed to this request.

The Board respectfully requests an extension of time due holiday office 

closures, a previously scheduled hearing, and a briefing deadline. The undersigned 

counsel’s office is closed or operating with a “skeleton crew” on December 23-25th, 

December 31st, and January 1st. Additionally, the undersigned counsel has a 

hearing set for Thursday, January 7th in the Travis County District Court in James 

Parker v. Texas Health and Human Services Commission, Cause No. D-1-GN-15-

001923. The undersigned also has a district court brief due on January 15, 2015 in 

Alicia Engelhardt v. Texas Department of Aging and Disability Services, Cause No. 

D-1-GN-12-001193. Finally, the undersigned must assist a client agency in 

preparing for board meetings scheduled for January 28th and 29th. The Board 

accordingly seeks an extension of time in which to prepare and file Appellant’s

Brief. 

This request is not made for purposes of delay, but to allow the undersigned 

counsel time to properly prepare Appellant’s Brief, and so that justice can be done. 

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For the above reasons, the Board respectfully requests that the Court grant this 

unopposed motion and extend the deadline for filing the Board’s brief up to and 

including January 29, 2016.

Respectfully submitted,

KEN PAXTON

Attorney General of Texas

CHARLES E. ROY

First Assistant Attorney General

JAMES E. DAVIS

Deputy Attorney General for Civil

Litigation

DAVID A. TALBOT, JR.

Chief, Administrative Law Division

/s/ Kara Holsinger

KARA HOLSINGER

Assistant Attorney General

State Bar No. 24065444

Office of the Attorney General of Texas

Administrative Law Division

P.O. Box 12548, Capitol Station

Austin, Texas 78711-2548

Telephone: (512) 475-4203

Facsimile: (512) 320-0167

kara.holsinger@texasattorneygeneral.gov 

COUNSEL FOR APPELLANT

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CERTIFICATE OF CONFERENCE

The undersigned counsel for Appellant certifies that she has conferred with 

counsel for Appellee regarding the foregoing request for an extension of time, and 

has been advised that Appellee opposes this request. 

/s/ Kara Holsinger

KARA HOLSINGER

CERTIFICATE OF SERVICE

A true and correct copy of the foregoing was served via e-serve and e-mail on 

this the 28th day of December, 2015 to the following: 

Elizabeth L. Higginbotham, RN, JD

State Bar No. 00787694

1100 NW Loop 410, Suite 700

San Antonio, Texas 78213

Telephone: (210) 366-8871

Facsimile: (866) 250-4443

lizh@texasnurse-law.com

Attorney for Appellee

/s/ Kara Holsinger 

KARA HOLSINGER

Assistant Attorney General

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