the University of Texas System and the University of Texas at Dallas v. Ken Paxton, Attorney General of Texas And Marilyn Cameron

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ACCEPTED 03-14-00801-CV 4709911 THIRD COURT OF APPEALS AUSTIN, TEXAS 3/31/2015 1:04:55 PM JEFFREY D. KYLE CLERK NO. 03-14-00801-CV FILED IN IN THE THIRD COURT OF APPEALS 3rd COURT OF APPEALS AUSTIN, TEXAS ____________________________________________________ 3/31/2015 1:04:55 PM JEFFREY D. KYLE THE UNIVERSITY OF TEXAS SYSTEM AND THE UNIVERSITY OF TEXASClerk AT DALLAS Appellants, v. KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS Appellee, v. MARILYN CAMERON Intervenor/Appellee. _________________________________________________ On Appeal from the 261st Judicial District Court of Travis County, Texas Trial Court Cause No. D-1-GV-11-001923 The Honorable Lora Livingston, Judge Presiding __________________________________________________ MOTION TO DISMISS APPEAL TO THE HONORABLE JUSTICES: Come now, intervenor/appellee, Marilyn Cameron, files this Motion to Dismiss Appeal, and in support thereof will respectfully show this Court the following: Pursuant to Rule 25.1 of the Texas Rules of Appellate Procedure, appellants’ attorney, H. Melissa Mather, formally filed with the Court a Joint Motion for Extension of Briefing Deadlines, on March 26, 2015. The motion seems to have errors that may impact questions of jurisdiction that the intervenor/appellee Intervenor’s Motion to Dismiss Appeal 1 respectfully asks the Court to consider. The actual trial court cause number is D-1-GV-11-0019231. On the appellants’ motion, the cause number is erroneously given as D-1-GN-11-001923. The original case should be on appeal from the 261st Judicial District Court of Travis County, Texas. However, the appellants’ motion has the case on appeal from the 345th Judicial District Court of Travis County, Texas with the Honorable Stephen Yelenosky, as the presiding judge. The current presiding judge (since January, 1999) of the 261st District Court is Lora Livingston. The cause on appeal, #D-1-GV-11-001923, was a forthright lawsuit under the Public Information Act, initiated by appellants, against an opinion issued by the former Attorney General of the State of Texas, Greg Abbott. Held in the 261st District Court in Travis County, the final summary judgment was declared and signed on November 24, 2014. Pursuant to Rule 42.3 and Rule 38.8(a)(1), Intervenor respectfully requests that the Court deny the Joint Motion for Extension of Briefing Deadlines and dismiss appellants’ appeal. Pursuant to Texas Rules of Appellate Procedure 20.1(c)(2), Intervenor has combined into this document a Sworn Statement of Inability to Pay Court Costs (otherwise known as Affidavit of Indigence) to cover costs associated with the filing of this motion. 1 Attached as Exhibit A is a copy of the Final Judgment and incorporated herein by reference. Intervenor’s Motion to Dismiss Appeal 2 Respectfully submitted, /s/ Marilyn Cameron Marilyn Cameron 18222 Outback Lakes Trail Humble, TX 77346 (713) 320-4092 mizcameron@yahoo.com Intervenor, Pro Se CERTIFICATE OF CONFERENCE Intervenor/appellee, Cameron, conferred with attorneys, H. Melissa Mather and Kimberly Fuchs and they are opposed to the Motion to Dismiss Appeal. CERTIFICATE OF SERVICE I hereby certify that on March 31, 2015, a true and correct copy of Motion to Dismiss Appeal was served via e-service and/or email to the following counsel: H. Melissa Mather State Bar No. 240102216 Assistant Attorney General Financial Litigation, Tax, and Charitable Trusts Division P.O. Box 12548 Austin, TX 78711-2548 Phone: (512) 475-2540 Fax: (512) 477-2348 melissa.mather@texasattorneygeneral.gov Attorney for Appellants Intervenor’s Motion to Dismiss Appeal 3 Kimberly L. Fuchs State Bar No. 24044140 Chief, Open Records Litigation Administrative Law Division P.O. Box 12548 Austin, Texas 78711-2548 Phone: (512) 475-4195 Fax: (512) 320-0167 kimberly.fuchs@texasattorneygeneral.gov Attorney for Appellee Attorney General /s/ Marilyn Cameron Marilyn Cameron Intervenor’s Motion to Dismiss Appeal 4 Intervenor’s Motion to Dismiss Appeal 5 Intervenor’s Motion to Dismiss Appeal 6 Intervenor’s Motion to Dismiss Appeal 7 Filed in The District Court of Travis County, Texas NOV 242014 CAUSE NO. D-1-GV-11-oo1923 At jg Z..M. maia Rcdrfruez-Mendoza, C’erk THE UNIVERSITY OF TEXAS § IN THE DISTRICT COURT OF SYSTEM and THE UNIVERSITY OF § TEXAS AT DALLAS, § Plaintiffs, § § V. § § GREG ABBOTT’, ATTORNEY § 261St JUDICIAL DISTRICT GENERAL OF TEXAS, § Defendant § § v. § § MARILYN CAMERON, PRO SE § Intervenor. § TRAVIS COUNTY, TEXAS FINAL JUDGMENT On November 24, 2014, a hearing was held on the parties’ motions for summary judgment. Plaintiffs The University of Texas System and The University of Texas at Dallas (the University) and Defendant Greg Abbott, Attorney General of Texas, appeared through counsel. This is a lawsuit under the Public Information Act, by which Plaintiff sought relief from a ruling of the Attorney General. The Court, having considered the testimony and documentary evidence, the pleadings, and arguments of counsel, enters the following declaration and orders. IT IS THEREFORE ORDERED AND DECLARED that Defendant’s Cross-Motion for Summary Judgment is GRANTED, and Plaintiffs Cross-Motion for Summary Judgment is DENIED. It is further ORDERED that the information at issue is not privileged and the University must disclose this information to the requestor. ________day This Order disposes of all claims b,tween all parties and is a final judgment. Signed this of Ai .... , 2014. Agreed As To Form: / KIMBERLY FUC Chief, Open Rec rds Litigation St te Bar No. 240499 State Bar No. 24044140 Assistant Attorney eral Administrative Law Division Financial and Tax Litigation Division P.O. Box 12548, Capitol Station P.O. Box 12548 Austin, Texas 78711-2548 Austin, Texas 78711-2548 Telephone: (512) 475-4195 Telephone: (512) 475-4209 Facsimile: (512) 320-0167 Facsimile: (512) 477-2348 Kimberly. Fuchs@texasattorneygeneral.gov joshua.godbey@texasattorneygeneral.gov ATrORNEY FOR DEFENDANT GREG ABBOTr, ArI’ORNEY FOR PLAINTIFFS ATTORNEY GENERAL OF TEXAS Page 2 of 2 Cause No, D1GV-11oo1923