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