Rosendo Morales v. Texas Department of Insurance-Division of Workers' Compensation, and Commissioner Ryan Brannan, in His Official Capacity

• Court: Court of Appeals of Texas
• Decided: February 17, 2015
• Docket: 03-14-00808-CV
• Status: Published

Opinion

ACCEPTED 03-14-00808-CV 4183334 THIRD COURT OF APPEALS AUSTIN, TEXAS 2/17/2015 4:42:34 PM JEFFREY D. KYLE CLERK

No. 03-14-00808-CV FILED IN IN THE 3RD COURT OF APPEALS 3rd COURT OF APPEALS AUSTIN, TEXAS AUSTIN, TEXAS 2/17/2015 4:42:34 PM JEFFREY D. KYLE Clerk

Rosendo Morales, Appellant

V.

Texas Department of Insurance-Division of Workers’ Compensation and Commissioner Rod Bordelon, in his official capacity, Appellees

On appeal from the 146th District Court of Bell County, Texas; 269,135-B

APPELLANT’S AGREED & UNOPPOSED 1st AMENDED MOTION TO DISMISS ONLY TEXAS MUTUAL INSURANCE COMPANY FROM THIS INTERLOCUTORY APPEAL

TO THE HONORABLE JUSTICES OF THE 3rd COURT OF APPEALS:

Appellant, Rosendo Morales, respectfully ask this Honorable Court to

dismiss only Texas Mutual Insurance Company from this appeal. Appellant

prematurely included Texas Mutual Insurance Company in this interlocutory

appeal against the governmental entities under Texas Civil Practices & Remedies

Code Section 51.014(a)(8) of the Appellees, Texas Department of Insurance-

Division of Workers’ Compensation and Commissioner Rod Bordelon, in his official No. 03-14-00808-CV Appellant’s 1st Amended Motion to Dismiss Only TMIC 1 capacity, state agency’s plea to the jurisdiction being granted. This amended

motion is agreed to by counsel for Texas Mutual and unopposed by counsel for

TDI-DWC and the Commissioner. Only the Appellant and the governmental

entities are necessary parties to this appeal.

For these reasons, Appellant asks the Court grant this motion to dismiss

only Texas Mutual Insurance Company from this interlocutory appeal as agreed.

Respectfully,

/s/Brad McClellan Bradley Dean McClellan State Bar No. 13395980 Of Counsel, Law Offices of Richard Pena, P.C. 1701 Directors Blvd., Suite 110 Austin, Texas 78744 Brad.McClellan@yahoo.com (512) 327-6884 telephone (512) 327-8354 facsimile Attorney for Appellant

CERTIFICATE OF CONFERENCE

I certify that I have conferred with Matt Foerster counsel for Texas Mutual Insurance Company by email, and he is in agreement with this motion; and I have conferred with Adrienne Butcher, counsel for TDI-DWC and DWC Commissioner, and she is unopposed to Appellant’s 1st Amended Motion to Dismiss Texas Mutual Insurance Company.

/s/ Brad McClellan Bradley Dean McClellan

No. 03-14-00808-CV Appellant’s 1st Amended Motion to Dismiss Only TMIC 2 CERTIFICATE OF SERVICE

I certify that a copy of the foregoing was served on the through counsel of record by the method indicated below on February 17, 2015.

Scott Placek Via eservice and email Matthew Foerster Arnold & Placek, LLC 203 East Main Ave, Ste. 203 Round Rock, TX 78664 Fax: 512 341.7121 Attorneys for Texas Mutual

Adrienne Butcher, Assistant Attorney General Via eservice and email Administrative Law Division Office of the Attorney General of Texas P.O. Box 12548 (MC-018), Capital Station Austin, Texas 78711-2548 512-475-4208 Facsimile: (512) 320-0167 Attorney for Appellees, TDI-DWC /s/ Brad McClellan Brad McClellan

No. 03-14-00808-CV Appellant’s 1st Amended Motion to Dismiss Only TMIC 3