ACCEPTED 03-15-00002-CV 3942926 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/29/2015 9:41:49 AM JEFFREY D. KYLE CLERK No. 03-15-00002-CV ____________________________________________________ FILED IN In the Court of Appeals 3rd COURT OF APPEALS AUSTIN, TEXAS for the Third Judicial District 1/29/2015 9:41:49 AM JEFFREY D. KYLE Austin, Texas Clerk ____________________________________________________ Big Lift Trucks of Texas, Inc., Appellant, v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of Texas Appellees. ____________________________________________________ On Appeal from the 98th Judicial District Court, Travis County, Texas Trial Court Cause No. NO. D-1-GN-14-003809 The Honorable Gary Harger, Visiting Judge ____________________________________________________ APPELLEES’ NOTICE OF AUTOMATIC SUBSTITUTION Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of Texas, Appellees, file this notice of automatic substitution under Texas Rule of Appellate Procedure Rule 7.2(a). Since this appeal was filed, Glenn Hegar has succeeded Susan Combs as Comptroller, and Ken Paxton has succeeded Greg Abbott as Attorney General. Accordingly, Glenn Hegar and Ken Paxton should be substituted as Appellees in this action. Appellees’ Notice of Automatic Substitution Page 1 Big Lift Trucks of Texas, Inc. v. Glenn Hegar, CPA, and Ken Paxton, AG Therefore, Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of Texas, request that they be substituted for former officeholders Susan Combs and Greg Abbott in this action. Respectfully submitted, KEN PAXTON Attorney General of Texas CHARLES E. ROY First Assistant Attorney General JAMES E. DAVIS Deputy Attorney General for Civil Litigation ROBERT O’KEEFE Division Chief Financial Litigation, Tax, and Charitable Trusts Division /s/ Erika R. Sams ERIKA R. SAMS Assistant Attorney General Texas State Bar No. 24083784 Financial Litigation, Tax, and Charitable Trusts Division P.O. Box 12548 Austin, Texas 78711-2548 Telephone: (512) 475-2952 Facsimile: (512) 477-2348 Counsel for Appellees Appellees’ Notice of Automatic Substitution Page 2 Big Lift Trucks of Texas, Inc. v. Glenn Hegar, CPA, and Ken Paxton, AG CERTIFICATE OF SERVICE I hereby certify that on this 29th day of January, 2015, the above and foregoing Appellees’ Notice of Automatic Substitution, was served on the following attorney of record, via eFileTexas.gov service and/or as otherwise indicated below: Richard E. Sympson Via Email: rick@resympson.com Attorney at Law Counsel Representing Appellant /s/ Erika R. Sams ERIKA R. SAMS Appellees’ Notice of Automatic Substitution Page 3 Big Lift Trucks of Texas, Inc. v. Glenn Hegar, CPA, and Ken Paxton, AG