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

Court of Appeals of Texas

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

DecidedJanuary 12, 2015

Docket01-14-00479-CV

StatusPublished

This text of Marvinell Harlan v. Texas Department of Insurance, Division of Workers' Compensation (TDI-DWC), Dr. Ikedinobi Eni, and Administrative Hearing Officer Jacque Coleman (Marvinell Harlan v. Texas Department of Insurance, Division of Workers' Compensation (TDI-DWC), Dr. Ikedinobi Eni, and Administrative Hearing Officer Jacque Coleman) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Marvinell Harlan v. Texas Department of Insurance, Division of Workers' Compensation (TDI-DWC), Dr. Ikedinobi Eni, and Administrative Hearing Officer Jacque Coleman, (Tex. Ct. App. 2015).

Pincite

Opinion

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

Free access — add to your briefcase to read the full text and ask questions with AI

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

Cite This Page — Counsel Stack

Bluebook (online)

Marvinell Harlan v. Texas Department of Insurance, Division of Workers' Compensation (TDI-DWC), Dr. Ikedinobi Eni, and Administrative Hearing Officer Jacque Coleman, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marvinell-harlan-v-texas-department-of-insurance-division-of-workers-texapp-2015.