1

No. 03-15-00201-CV

_______________________________________ 

IN THE THIRD COURT OF APPEALS

AT AUSTIN, TEXAS

_______________________________________ 

WAYNE NOVY, by and through his legal guardian Forrest Novy, 

 Appellant, 

 vs. 

TEXAS HEALTH AND HUMAN SERVICES COMMISSION and KYLE JANEK, in his 

official capacity as Executive Commissioner of the Texas Health and Human 

Services Commission, 

 Appellees. 

_______________________________________ 

ON APPEAL FROM COUNTY COURT AT LAW NO. 1, TRAVIS COUNTY

______________________________________ 

APPELLANT’S UNOPPOSED SECOND MOTION FOR EXTENSION OF 

TIME TO FILE OPENING BRIEF 

Pursuant to Rule 10.5(b)(1) of the Texas Rules of Appellate Procedure, 

Appellant Wayne Novy (“Mr. Novy”), by and through his legal guardian 

Forrest Novy, moves the Court in this unopposed motion for a fourteen day 

extension of time to file his opening brief in this matter. 

1. Mr. Novy is appealing from the Order Granting Defendants’ Plea to 

the Jurisdiction, signed on April 1, 2015, by the presiding judge of the County Court at Law No. 1, Travis County. 

ACCEPTED

03-15-00201-CV

6027655

THIRD COURT OF APPEALS

AUSTIN, TEXAS

7/13/2015 12:00:00 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/13/2015 12:00:00 AM JEFFREY D. KYLE Clerk
2

2. The current deadline for Mr. Novy to file his opening brief in this 

appeal in August 7, 2015.

3. Mr. Novy seeks a 14-day extension, until August 21, 2015, to file his 

opening brief.

4. The additional fourteen days is requested for personal family reasons. My wife’s seventieth birthday is on August 6th and is to be celebrated 

with other family members out-of-state. I had overlooked this personal situation when making my first extension request (also unopposed) and inadvertently requested the new deadline under the first extension to fall right in the 

middle of travel and celebration for this event. Allowing the additional fourteen days requested here will allow me to meet my family obligation for this 

special occasion and still finish work on, and file, the opening brief in time.

5. This is Mr. Novy’s second request for an extension of time to file his 

opening brief.

Based upon the foregoing matters, Mr. Novy urges the Court to grant 

this unopposed motion and allow him fourteen additional days—until August 21, 2015—to file his opening brief in this case.

Respectfully submitted,

__/s/ Renea Hicks______
3

Renea Hicks

State Bar No. 09580400

LAW OFFICE OF MAX RENEA HICKS

101 West 6th Street, Suite 504

Austin, Texas 78701-2934

(512) 480-8231

(512) 480-9105 fax

rhicks@renea-hicks.com

ATTORNEY FOR WAYNE NOVY

CERTIFICATE OF CONFERENCE

I conferred by e-mail on July 10, 2015, with Eugene Clayborn, counsel for 

Appellees, on whether his clients would oppose the extension requested in 

this motion. By reply e-mail on the same day, he indicated that he would not 

oppose the relief requested.

_/s/ Renea Hicks___________

Renea Hicks

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of this Appellant’s Unopposed Second Motion for Extension of Time to File Opening Brief has been 

served through the electronic filing system on the following counsel of record for the appellees on July 11, 2015:

Eugene A. Clayborn, Assistant Attorney General

Deputy Chief, Administrative Law Division

OFFICE OF THE ATTORNEY GENERAL OF TEXAS

P.O. Box 12548, Capitol Station

Austin, Texas 78711-2548

eugene.clayborn@texasattorneygeneral.gov.

_/s/ Renea Hicks___________

Renea Hicks