TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-18-00045-CV
Glenn Hegar, Comptroller of Public Accounts of the State of Texas; and
Ken Paxton, Attorney General of the State of Texas, Appellants
v.
TMBJ Investments, Inc., Appellee
FROM THE 261ST DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-GN-17-002879, THE HONORABLE KARIN CRUMP, JUDGE PRESIDING
MEMORANDUM OPINION
PER CURIAM
We abate this cause pending the Texas Supreme Court’s resolution of EBS
Solutions, Inc. v. Hegar, No. 18-0503, on petition for review of this Court’s opinion in Hegar v.
EBS Solutions, Inc., 549 S.W.3d 849 (Tex. App.—Austin 2018, pet. filed) (en banc). We direct
appellants to notify this Court of the Texas Supreme Court’s decision by filing a letter with this
Court within 30 days of that decision becoming final, though appellee may so inform the Court
and the Court may reinstate the appeal on its own motion.
Upon reinstatement of the appeal, this Court will permit briefs, if needed,
addressing the effect of the supreme court’s decision in EBS according to the following schedule:
appellants’ supplemental brief will be due thirty days after the reinstatement, appellee’s
supplemental brief will be due thirty days after the date on which appellants file their
supplemental brief, and appellants’ supplemental reply brief (if any) will be due twenty days
after the date on which appellee files its supplemental brief. These supplemental briefs must not
exceed 7,500 words if computer generated, and 25 pages if not. A party who perceives the need
for additional brief length may request an expansion of its limits through established procedures.
See Tex. R. App. P. 9.4(i).
Before Chief Justice Rose, Justices Goodwin and Kelly
Abated
Filed: February 22, 2019
2