ACCEPTED
03-13-00576-CV
4215927
THIRD COURT OF APPEALS
AUSTIN, TEXAS
2/19/2015 3:02:25 PM
JEFFREY D. KYLE
CLERK
No. 03-13-00576-CV
FILED IN
3rd COURT OF APPEALS
In the Court of Appeals AUSTIN, TEXAS
2/19/2015 3:02:25 PM
for the Third Judicial District JEFFREY D. KYLE
Clerk
at Austin, Texas
GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS
AND KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS,
Appellants,
v.
IMPERIAL FIRE AND CASUALTY INSURANCE COMPANY,
Appellee.
On Appeal from the
126th Judicial District Court of Travis County, Texas
UNOPPOSED MOTION TO ABATE APPEAL
TO THE HONORABLE THIRD COURT OF APPEALS:
Pursuant to Rule of Appellate Procedure 10.1, Appellants Glenn Hegar,
successor to Susan Combs as Comptroller of Public Accounts of the State of
Texas and Ken Paxton, successor to Gregg Abbott as Attorney General of
Texas move to abate this appeal for thirty days to permit the parties to
complete the settlement process and, ultimately, dismiss the lawsuit.
Appellee Imperial Fire and Casualty Insurance Company does not oppose
this motion.
INTRODUCTION
On February 19, 2015, the parties reached an agreement to
compromise and settle their differences in the suit Imperial Fire and
Casualty Insurance Company v. Susan Combs, Comptroller of Public
Accounts of the State of Texas and Greg Abbott, Attorney General of the
State of Texas, cause number D-1-GN-12-002808.
ARGUMENT AND AUTHORITIES
The Court has the authority to abate this appeal. TEX. R. APP. P.
42.1(a)(2)(C). A thirty-day abatement would last until March 23, 2015.
Abatement is proper to allow the parties to complete the settlement
process, which because it involves a suit against the State requires an
additional internal process before the settlement can be effectuated. The
parties anticipate that the matter will be settled and a motion to dismiss filed
well before the abatement is set to expire.
PRAYER
Appellants respectfully request that the Court abate this appeal for
thirty days, till March 23, 2015.
Respectfully submitted.
KEN PAXTON
Attorney General of Texas
CHARLES E. ROY
First Assistant Attorney General
SCOTT A. KELLER
Solicitor General
/s/ Kristofer Monson
KRISTOFER S. MONSON
Assistant Solicitor General
State Bar No. 24037129
OFFICE OF THE ATTORNEY GENERAL
P.O. Box 12548 (MC 059)
Austin, Texas 78711-2548
Tel.: (512) 936-1700
Fax: (512) 474-2697
kristopher.monson@texasattorneygeneral.gov
COUNSEL FOR APPELLANTS
CERTIFICATE OF CONFERENCE
I certify that on February 19, 2015, I conferred with opposing counsel
regarding this abatement motion and the forthcoming settlement. Opposing
counsel does not oppose this motion.
CERTIFICATE OF SERVICE
On February 19, 2015, this Unopposed Motion to Abate Appeal for 30
days was served via File&Serve Xpress on:
Doug Sigel
RYAN LAW FIRM, LLP
100 Congress Avenue, Suite 950
Austin, Texas 78701
Fax: (512) 459-6601
doug.sigel@ryanlawllp.com
/s/ Kristofer S. Monson
KRISTOFER S. MONSON