Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas v. Imperial Fire and Casualty Insurance Company

Opinion

ACCEPTED

03-13-00576-CV

4215927

THIRD COURT OF APPEALS

AUSTIN, TEXAS

2/19/2015 3:02:25 PM

JEFFREY D. KYLE

CLERK

No. 03-13-00576-CV

FILED IN

3rd COURT OF APPEALS

In the Court of Appeals AUSTIN, TEXAS 2/19/2015 3:02:25 PM

for the Third Judicial District JEFFREY D. KYLE Clerk

at Austin, Texas

GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS AND KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS, Appellants,

v.

IMPERIAL FIRE AND CASUALTY INSURANCE COMPANY, Appellee.

On Appeal from the

126th Judicial District Court of Travis County, Texas

UNOPPOSED MOTION TO ABATE APPEAL

TO THE HONORABLE THIRD COURT OF APPEALS:

Pursuant to Rule of Appellate Procedure 10.1, Appellants Glenn Hegar,

successor to Susan Combs as Comptroller of Public Accounts of the State of Texas and Ken Paxton, successor to Gregg Abbott as Attorney General of Texas move to abate this appeal for thirty days to permit the parties to complete the settlement process and, ultimately, dismiss the lawsuit.

Appellee Imperial Fire and Casualty Insurance Company does not oppose this motion.

INTRODUCTION

On February 19, 2015, the parties reached an agreement to compromise and settle their differences in the suit Imperial Fire and Casualty Insurance Company v. Susan Combs, Comptroller of Public Accounts of the State of Texas and Greg Abbott, Attorney General of the State of Texas, cause number D-1-GN-12-002808.

ARGUMENT AND AUTHORITIES

The Court has the authority to abate this appeal. TEX. R. APP. P.

42.1(a)(2)(C). A thirty-day abatement would last until March 23, 2015.

Abatement is proper to allow the parties to complete the settlement process, which because it involves a suit against the State requires an additional internal process before the settlement can be effectuated. The parties anticipate that the matter will be settled and a motion to dismiss filed well before the abatement is set to expire.

PRAYER

Appellants respectfully request that the Court abate this appeal for thirty days, till March 23, 2015.

Respectfully submitted.

KEN PAXTON Attorney General of Texas

CHARLES E. ROY First Assistant Attorney General

SCOTT A. KELLER Solicitor General

/s/ Kristofer Monson KRISTOFER S. MONSON Assistant Solicitor General State Bar No. 24037129

OFFICE OF THE ATTORNEY GENERAL P.O. Box 12548 (MC 059) Austin, Texas 78711-2548 Tel.: (512) 936-1700 Fax: (512) 474-2697 kristopher.monson@texasattorneygeneral.gov

COUNSEL FOR APPELLANTS

CERTIFICATE OF CONFERENCE I certify that on February 19, 2015, I conferred with opposing counsel regarding this abatement motion and the forthcoming settlement. Opposing counsel does not oppose this motion.

CERTIFICATE OF SERVICE

On February 19, 2015, this Unopposed Motion to Abate Appeal for 30 days was served via File&Serve Xpress on:

Doug Sigel RYAN LAW FIRM, LLP 100 Congress Avenue, Suite 950 Austin, Texas 78701 Fax: (512) 459-6601 doug.sigel@ryanlawllp.com

/s/ Kristofer S. Monson

KRISTOFER S. MONSON