Mary Beth Burton v. Texas Health and Human Services Commission

ACCEPTED
15-25-00216-CV
FIFTEENTH COURT OF APPEALS
AUSTIN, TEXAS
12/11/2025 2:02 PM
CASE NO. 15-25-00216-CV CHRISTOPHER A. PRINE
__________________________________________________________________ CLERK
FILED IN
15th COURT OF APPEALS
IN THE COURT OF APPEALS AUSTIN, TEXAS
FOR THE FIFTEENTH DISTRICT OF TEXAS AT AUSTIN
12/11/2025 2:02:10 PM
__________________________________________________________________
CHRISTOPHER A. PRINE
Clerk

MARY BETH BURTON,
Appellant,

v.

TEXAS HEALTH AND HUMAN SERVICES COMMISSION,
Appellee.
__________________________________________________________________

APPELLEE TEXAS HEALTH AND HUMAN SERVICES
COMMISSION’S FIRST MOTION FOR EXTENSION OF TIME TO
FILE APPELLEE’S BRIEF
__________________________________________________________________

TO THE HONORABLE FIFTEENTH COURT OF APPEALS:

In accordance with Texas Rules of Appellate Procedure 10.5(b) and

38.6(d), Appellee Texas Health and Human Services Commission

(HHSC) respectfully requests a 60-day extension of time to file its

Appellee brief. In support of the motion, Appellee HHSC would show the

following:

1. The deadline for filing Appellee’s brief is December 10, 2025.

Motion for Extension of Time
Page 1 of 4
2. Appellee HHSC requests a 60-day extension from the current

deadline to file Appellee’s brief. If granted, this extension would cause

Appellee’s brief to be due on February 9, 2026.

3. Counsel for Appellee HHSC requests an extension due to the

particular procedural history in this case and the upcoming holiday

break. In this case, Appellant filed her brief(s) before the filing of the

reporter’s record, shortening the typical appellate briefing timeline. See

Tex. R. App. Pro. 38.6. Additionally, Appellee’s attorney will be out of the

office from December 22, 2025—January 9, 2026, due to the holidays.

Therefore, Appellee requests an extension to file its brief. Appellee’s

counsel attempted to confer with Appellant on December 10, 2025, but

has not yet heard back from Appellant. It is unknown whether or not

Appellant opposes the requested extension of time.

4. No previous motions for extension of time to file Appellee’s brief

have been filed.

WHEREFORE, PREMISES CONSIDERED, Appellee HHSC

respectfully requests that this honorable Court grant its motion for

extension of time.

Motion for Extension of Time
Page 2 of 4
Respectfully submitted,

KEN PAXTON
Attorney General of Texas

BRENT WEBSTER
First Assistant Attorney General

RALPH MOLINA
Deputy First Assistant Attorney
General

AUSTIN KINGHORN
Deputy Attorney General for Civil
Litigation

ERNEST C. GARCIA
Chief, Administrative Law Division

/s/Kathy Johnson
KATHY JOHNSON
Assistant Attorney General
Texas State Bar No. 24126964
Office of the Attorney General
Administrative Law Division
P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
Telephone: (512) 475-4164
Facsimile: (512) 320-0167
kathy.johnson@oag.texas.gov

ATTORNEY FOR APPELLEE
TEXAS HEALTH AND HUMAN
SERVICES

Motion for Extension of Time
Page 3 of 4
CERTIFICATE OF CONFERENCE

I hereby certify that I attempted to confer with Appellant Mary Beth

Burton, Pro Se, by email on December 10, 2025.

/s/Kathy Johnson
KATHY JOHNSON
ASSISTANT ATTORNEY GENERAL

CERTIFICATE OF SERVICE

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

served on Appellant by electronic service and/or e-mail on December 11,

2025:

Mary Beth Burton
marybethburtonhampton@gmail.com

APPELLANT
PRO SE

/s/Kathy Johnson
KATHY JOHNSON
ASSISTANT ATTORNEY GENERAL

Motion for Extension of Time
Page 4 of 4
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.

Christian Young on behalf of Kathy Johnson
Bar No. 24126964
christian.young@oag.texas.gov
Envelope ID: 108996317
Filing Code Description: Motion
Filing Description: Appellee's 1st MET re Brief
Status as of 12/11/2025 2:19 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Mary BethBurton marybethburtonhampton@gmail.com 12/11/2025 2:02:10 PM SENT

Kathy Johnson Kathy.Johnson@oag.texas.gov 12/11/2025 2:02:10 PM SENT

Christian Young christian.young@oag.texas.gov 12/11/2025 2:02:10 PM SENT