Texas Health and Human Services Commission v. Julius Kadia

• Court: Court of Appeals of Texas
• Decided: May 13, 2025
• Docket: 15-25-00090-CV
• Status: Published

Opinion

5/13/2025 3:07 PM Velva L. Price District Clerk Travis County CAUSE NO. D-1-GN-20-003118 D-1-GN-20-003118 Rosa Oneal

JULIUS KADIA, § IN THE DISTRICT COURT FILED IN Plaintiff, § 15th COURT OF APPEALS § AUSTIN, TEXAS v. § TRAVIS COUNTY, TEXAS 5/14/2025 12:54:43 PM § CHRISTOPHER A. PRINE TEXAS HEALTH AND HUMAN § Clerk SERVICES COMMISSION, § Defendant. § 345TH JUDICIAL DISTRICT

DEFENDANT TEXAS HEALTH AND HUMAN SERVICES COMMISSION’S NOTICE OF APPEAL OF FINAL JUDGMENT

Defendant Texas Health and Human Services Commission (“Defendant” or “HHSC”),

hereby files this Notice of Appeal pursuant to Texas Civil Practice and Remedies Code section

51.012, appealing the Final Judgment signed on February 18, 2025.

1. On March 14, 2025, the Defendant timely filed its Motion for Remittitur and

Motion for New Trial. On or about April 30, 2025, the Defendant’s Motion for New Trial was

overruled by operation of law. See Tex. R. Civ. Proc. 329b(c).

2. Defendant timely files this notice within 90 days after the date the judgment was

signed, in accordance with Texas Rule of Appellate Procedure 26.1.

3. This Notice of Appeal is filed and served on all parties in the above titled and

numbered cause in accordance with Texas Rule of Appellate Procedure 25.1.

4. Defendant respectfully notifies the Court that as a governmental unit, Defendant

is not required to file a bond for court costs. See TEX. CIV. PRAC. & REM. CODE § 6.001.

Defendant’s appeal is therefore perfected upon the filing of the notice of appeal.

5. Defendant respectfully requests that the trial court clerk comply with the duties

set forth in Texas Rules of Appellate Procedure 25.1(f), 35.1, and 35.3. Dated: May 13, 2025 Respectfully submitted,

KEN PAXTON Attorney General of Texas

BRENT WEBSTER First Assistant Attorney General

RALPH MOLINA Deputy First Assistant Attorney General

AUSTIN KINGHORN Deputy Attorney General for Civil Litigation

KIMBERLY GDULA Chief, General Litigation Division

/s/ Stephanie A. Criscione DREW L. HARRIS Texas Bar No. 24057887 COLE P. WILSON Texas Bar No. 24122856 STEPHANIE A. CRISCIONE Texas Bar No. 24109768 Assistant Attorneys General General Litigation Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Phone (512) 463-2120 Fax (512) 320-0667 drew.harris@oag.texas.gov cole.wilson@oag.texas.gov stephanie.criscione@oag.texas.gov COUNSEL FOR DEFENDANT

2 CERTIFICATE OF SERVICE

I hereby certify that on May 13, 2025, a true and correct copy of the foregoing instrument has been served electronically through the electronic-filing manager to all registered parties in compliance with TRCP 21a to:

Corinna Chandler chandler@chandlerlawpc.com Tel: (972) 863-9063 Fax: (972) 692-5220 Eliot Shavin eshavin@sbcglobal.net Tel: (214) 522-2010 CHANDLER & SHAVIN, PLLC 12377 Merit Drive, Suite 880 Dallas, Texas 75251 ATTORNEYS FOR PLAINTIFF

/s/ Stephanie A. Criscione Stephanie A. Criscione

3 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Thomas Ray on behalf of Drew Harris Bar No. 24057887 thomas.ray@oag.texas.gov Envelope ID: 100781374 Filing Code Description: Notice of Appeal Filing Description: DEFENDANT TEXAS HEALTH AND HUMAN SERVICES COMMISSION’S NOTICE OF APPEAL OF FINAL JUDGMENT Status as of 5/14/2025 10:35 AM CST

Associated Case Party: TEXAS HEALTH AND HUMAN SERVICES COMMISSION

Name BarNumber Email TimestampSubmitted Status

Drew Harris drew.harris@oag.texas.gov 5/13/2025 3:07:45 PM SENT

Thomas Ray thomas.ray@oag.texas.gov 5/13/2025 3:07:45 PM SENT

Raymond Abarca Raymond.Abarca@oag.texas.gov 5/13/2025 3:07:45 PM SENT

Stephanie Criscione stephanie.criscione@oag.texas.gov 5/13/2025 3:07:45 PM SENT

Cole Wilson Cole.Wilson@oag.texas.gov 5/13/2025 3:07:45 PM SENT

Venessa Rodriguez Venessa.Rodriguez@oag.texas.gov 5/13/2025 3:07:45 PM SENT

Associated Case Party: JULIUS KADIA

Corinna Chandler chandler@chandlerlawpc.com 5/13/2025 3:07:45 PM SENT

Eliot Shavin eshavin@sbcglobal.net 5/13/2025 3:07:45 PM SENT

Eliot Shavin shavin@chandlershavin.com 5/13/2025 3:07:45 PM SENT