ACCEPTED
03-14-00626-CV
4775818
THIRD COURT OF APPEALS
AUSTIN, TEXAS
4/6/2015 3:35:19 PM
JEFFREY D. KYLE
CLERK
No. 03-14-00626-CV
____________________________________________________
FILED IN
3rd COURT OF APPEALS
In the Court of Appeals AUSTIN, TEXAS
for the Third Judicial District 4/6/2015 3:35:19 PM
JEFFREY D. KYLE
Austin, Texas Clerk
____________________________________________________
Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and
Ken Paxton, Attorney General of the State of Texas,
Appellants,
v.
Budget PrePay, Inc.,
Appellee.
____________________________________________________
On Appeal from the 126th Judicial District Court
Travis County, Texas
____________________________________________________
Appellants’ Agreed Status Report and
Motion to Abate this Appeal for an
Additional Thirty Days
____________________________________________________
To the Honorable Third Court of Appeals:
1. On October 3, 2014, Appellants filed their notice of appeal.
2. On November 14, 2014, Appellants filed an unopposed motion to abate
the appeal on the grounds that the case had settled in principle.
3. On November 20, 2014, the Court granted the motion to abate.
Appellants’ Agreed Status Report and
Motion to Abate this Appeal for an Additional Thirty Days Page 1
4. On December 30, 2014, all parties signed a compromise and settlement
agreement.
5. Various issues arose with the settlement, and the parties eventually
signed an addendum to the settlement on April 2, 2015. The Comptroller is in the
process of issuing a check which will complete the settlemenmt process.
6. Consequently, Appellants request that this appeal be abated for an
additional thirty days, or until May 6, 2015, by which time Appellants anticipate that
the settlement will be complete and the appeal will be dismissed.
7. Counsel for Appellees agrees with the above.
Wherefore, Appellants request that this motion be granted, and that this appeal
be abated until May 6, 2015.
Respectfully submitted,
KEN PAXTON
Attorney General
CHARLES E. ROY
First Assistant Attorney General
JAMES E. DAVIS
Deputy Attorney General for Defense Litigation
ROBERT O’KEEFE
Division Chief
Financial Litigation, Tax, and Charitable Trusts Division
Appellants’ Agreed Status Report and
Motion to Abate this Appeal for an Additional Thirty Days Page 2
/s/ Charles K. Eldred
CHARLES K. ELDRED
Attorney-in-Charge
Financial Litigation, Tax, and Charitable Trusts Division
State Bar No. 00793681
P.O. Box 12548
Austin, Texas 78711-2548
512-475-1743
512-477-2348 (fax)
charles.eldred@texasattorneygeneral.gov
Attorneys for Appellants
CERTIFICATE OF CONFERENCE
I conferred with Anthony Gulotta, counsel for Appellant, and he agrees with
the facts stated in this status report and is unopposed to this motion to abate.
/s/ Charles K. Eldred
Charles K. Eldred
CERTIFICATE OF SERVICE
I certify that a copy of this document was served on April 6, 2015, on Anthony
Gulotta, counsel for Appellant, at tgulotta@gulottalawgroup.com.
/s/ Charles K. Eldred
Charles K. Eldred
Appellants’ Agreed Status Report and
Motion to Abate this Appeal for an Additional Thirty Days Page 3
Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas v. Budget PrePay, Inc.
Combined Opinion