Form 17I:2 Response to Motion to Expedite the Mandate

{STYLE OF THE CASE IN THE COURT OF APPEALS - FORM 11C:1}

{PARTY}'S RESPONSE TO

{ADVERSE PARTY}'S MOTION TO EXPEDITE THE MANDATE

{Party} asks the Court to deny {adverse party}'s motion to expedite the issuance of the mandate to the trial court.

A. Introduction

1. Appellant is {name}; appellee is {name}.

2. The Court rendered its judgment in this case on {date}, {reversing/affirming/modifying/vacating/remanding} the trial court's judgment.

3. The mandate is due to be issued on {date}.

4. {Party} opposes early issuance of the mandate in this case.

B. Argument & Authorities

5. Although the Court has the authority under Texas Rule of Appellate Procedure 18.1(c) to expedite the issuance of the mandate to the trial court, this is not a case in which the Court should do so.

{ADD APPROPRIATE PARAGRAPH 6}

6. {Party} has until {date}, to file a timely motion to extend time to file a petition for {review/discretionary review}. Until ten days after the time to file the motion to extend has expired, issuance of the mandate in this case is premature. SeeTex. R. App. P. 18.1(a)(1).

6. {Party} filed a timely petition for {review/discretionary review} on {date}. Until the petition is denied, issuance of the mandate in this case is premature. SeeTex. R. App. P. 18.1(a)(1)(A).

6. {Party} filed a timely motion to extend time to file a petition for {review/ discretionary review} on {date}. While that motion is pending, issuance of the mandate in this case is premature. SeeTex. R. App. P. 18.1(a)(1)(B).

6. {Party} has until {date}, to file a {motion for rehearing/motion to extend time to file a motion for rehearing} of the {denial/refusal/dismissal} of the petition for {review/discretionary review} in this case. Until ten days after the time to file that motion has expired, issuance of the mandate in this case is premature. SeeTex. R. App. P. 18.1(a)(2).

7. {Adverse party} has not shown good cause to expedite the issuance of the mandate in this case. {Elaborate.}

{ADD PARAGRAPH 8 IF NECESSARY}

8. {Party} attaches an affidavit to this response to establish facts that are not included in the appellate record, are not known to the Court in its official capacity, and are not within the personal knowledge of the attorney signing this response. Tex. R. App. P. 10.2.

C. Conclusion

9. {Briefly summarize the response.}

D. Prayer

10. For these reasons, {party} asks the Court to deny {adverse party}'s motion to expedite the mandate.