Marvinell Harlan v. Texas Department of Insurance, Division of Workers' Compensation (TDI-DWC), Dr. Ikedinobi Eni, and Administrative Hearing Officer Jacque Coleman

ACCEPTED
01-14-00479-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS

THORNTON , BlECHLIN , SEGRATO
1/12/2015 11:09:53 AM
CHRISTOPHER PRINE
REYNOLDS & GUERRA , L.C. CLERK

ATTORNEYS AT LAW

Vaughan E. Waters
Board Certified - Civil Appellats Law
Texas Board of Legal Specialization ONE INTERNATIONAL CENTRE FILED IN
100 N.E. LOOP 410, SUITE 500 1st COURT OF APPEALS
AUSTIN
Direct dial: (210)581-0295
SAN ANTONIO, TEXAS 78216-4741 HOUSTON, TEXAS
Writer's e-mail address:
(210)342-5555 Rio GRANDE
1/12/2015 11:09:53 AMVALLEY
vwaters@thorntonfirm.com FAX (210)525-0666
CHRISTOPHER A. PRINE
Clerk

January 12,2015

Mr. Christopher Prine, Clerk VIAE-FILE
First Court of Appeals
301FanninSt.,Room208
Houston, TX 77002-2066

Re: Cause No. 01-14-00479-CV
Marvinell Harlan
V.

North Forest ISD, Self-Insured Carrier
First Court of Appeals, Houston, Texas
OurFileNo.:W0146-37989
Dear Mr. Prine:

Please allow this correspondence to reply to this Honorable Court's inquiry of
December 31,2014 regarding the expiration of time for the filing of an appellee' s brief
in this matter. This firm represents North Forest Independent School District ("North
Forest"), a self-insured carrier, in the underlying workers' compensation litigation
from which this appeal arises.

The judgment on appeal is the judgment in the severed case in which Appellant
Marvinell Harlan is suing Appellees Texas Department of Insurance-Division of
Workers' Compensation ("TDI") and certain individuals associated with that entity
(that being Cause No. 2013-64138-A, pursuant to the trial court's severance order
dated May 7, 2014). North Forest is not a party to that judgment, which was a
judgment of dismissal based on a plea to the jurisdiction; the action against North
Forest m the original cause—Cause No. 2013-64138—is still pending, and it does not
appear, as best the undersigned can determine, that Appellant Ms. Harlan has
attempted to perfect an appeal to any judgment or order to which North Forest is a
party. Accordingly, North Forest has not filed an appellee's brief in this matter, and
is not aware of any basis on which it might file an appellee's brief.
Mr. Christopher Prine
January 12, 2015
Page 2

It is my understanding that TDI has challenged the timeliness of the appeal, and
that this matter is still pending before this Honorable Court at this tune; and that TDI
accordingly has not yet filed an appellate brief.

I will be happy to provide farther information should the Court desire. As
always, we appreciate the Court's kind attention to this matter.

Veiy truly yours,

THORNTON, BIECHLIN, SEGRATO,
REYNOLDS & GUERRA, L.C.

BY /^€:
Vaughan E. Waters
VEW:jld

ec: Ms. Marvinell Harlan
5722 Tiffany
Houston, TX 77085

VIA E-MAIL TO robin.sanders(%texasattomevgeneral.gov
Ms. Robin Sanders
Assistant Attorney General
Admmistrative Law Division
300 W. 15th St, 10th Floor
Austin, TX 78701