ACCEPTED
14-15-00865-CV
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
10/21/2015 4:50:03 PM
CHRISTOPHER PRINE
CLERK
CITY OF HOUSTON Annise D. Parker
Legal Department Mayor
FILED IN
14th COURT
Donna OF APPEALS
L. Edmundson
HOUSTON, TEXAS
City Attorney
Legal4:50:03
10/21/2015 Department PM
P.O. Box 368
CHRISTOPHER A. PRINE
Houston, Texas 77001-0368
Clerk
City Hall Annex
th
900 Bagby, 4 Floor
October 21, 2015 T. 832.393.6491
F. 832.393.6259
www.houstontx.gov
Via E-Filing
Hon. Christopher A. Prine, Clerk
Fourteenth Court of Appeals
301 Fannin Street, Room 245
Houston, Texas 77002
Re: 14-15-00865-CV; City of Houston, et al. v. Houston Municipal Employees
Pension System; in the Court of Appeals for the Fourteenth District of
Texas at Houston
Dear Mr. Prine:
We are in receipt of your correspondence dated October 20, 2015 to Mr. Blake
Hawthorne, Clerk of the Supreme Court of Texas, stating that Appellee
Houston Municipal Employee Pension System (“Appellee”) has requested that
the Supreme Court of Texas transfer this matter to the First Court of Appeals
under the procedure set forth in Miles v. Ford Motor Co., 914 S.W.2d 135, 137
n.2 (Tex. 1995), which references section 73.001 of the Texas Government
Code. That statute allows the Supreme Court to order cases transferred from
one court of appeals to another when there is good cause. See Tex. Gov’t Code
§ 73.001.
Respectfully, Appellee’s motion was not filed under section 73.001 of the
Texas Government Code. Rather, Appellee sought transfer pursuant to Rules
1.5 of the Local Rules of both the Fourteenth and First Courts of Appeals
Council Members: Brenda Stardig Jerry Davis Ellen R. Cohen Dwight A. Boykins Dave Martin Richard Nguyen Oliver Pennington Edward Gonzalez
Robert Gallegos Mike Laster Larry V. Green Stephen C. Costello David W. Robinson Michael Kubosh C.O. “Brad” Bradford Jack Christie
Controller: Ronald C. Green
Hon. Christopher A. Prine
October 21, 2015
Page 2
regarding transfer of related cases between the two appellate courts.1
Appellee’s request for transfer was directed to this Court, not to the Texas
Supreme Court, and it did not seek transfer under section 73.001 through the
procedure specified in Miles. See Miles, 914 S.W.2d at 137 n.2.
The City does not advocate for either appeals court to be assigned. However,
the City does object to institution of this process under section 73.001 when
Appellee has not sought such a transfer and the issue has not been briefed by
either side.
Sincerely,
/s/ Fernando De Leon
Fernando De Leon
Senior Assistant City Attorney
cc: See attached Certificate of Service
1
See Appellee’s Motion to Transfer Venue (filed October 12, 2015). See also Local Rule
1.5(a), Fourteenth Court of Appeals Local Rules; Local Rule 1.5(a), First Court of Appeals
Local Rules. Appellee’s reply brief also cites sections 22.202(h) and (i) of the Texas
Government Code, which address, respectively, random assignment to either the
Fourteenth or First Court and docket equalization through transfer by the clerks of the
Fourteenth and First Courts from one court to the other—and do not support or authorize a
transfer request directed to the Supreme Court or a transfer order by the Supreme Court. See
Tex. Gov’t Code § 22.202(h) and (i).
Hon. Christopher A. Prine
October 21, 2015
Page 3
Certificate of Service
I hereby certify that on this 21st day of October, 2015, a true and correct
copy of the foregoing has been served on recipients below via e-service and/or
email:
Travis J. Sales Hon. Blake A. Hawthorne, Clerk
Rob Fowler The Supreme Court of Texas
Tina Q. Nguyen P.O. Box 12248
BAKER BOTTS L.L.P. Austin, Texas 78711
One Shell Plaza blake.hawthorne@courts.state.tx.us
910 Louisiana Street
Houston, Texas 77002-4995
travis.sales@bakerbotts.com
rob.fowler@bakerbotts.com
tina.nguyen@bakerbotts.com
Thomas R. Phillips
98 San Jacinto Boulevard, Suite 1500
BAKER BOTTS L.L.P.
Austin, Texas 78701
tom.phillips@bakerbotts.com
Attorneys for Appellee Houston
Municipal Employees Pension System
/s/ Fernando De Leon
Fernando De Leon