Texas Health and Human Services Commission v. Julius Kadia

Opinion

ACCEPTED 15-25-00090-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 6/6/2025 4:56 PM No. 15-25-0090-CV CHRISTOPHER A. PRINE _______________________________________________________ CLERK FILED IN 15th COURT OF APPEALS Texas Court of Appeals for the Fifteenth District of Texas AUSTIN, TEXAS _______________________________________________________ 6/6/2025 4:56:14 PM CHRISTOPHER A. PRINE Clerk Texas Health and Human Services Commission, Appellant,

v.

Julius Kadia, Appellee. _______________________________________________________

On Appeal from the 345th Judicial District Court Travis County, Texas (No. D-1-GN-20-003118) _______________________________________________________

Appellee’s Unopposed Motion to Transfer _______________________________________________________

Corinna Chandler Chandler & Shavin, PLLC Texas Bar No. 24061272 12377 Merit Drive, Suite 880 chandler@chandlershavin.com Dallas, Texas 75251 Telephone: (972) 863-9063 Eliot Shavin Facsimile: (972) 692-5220 Texas Bar No. 18138200 shavin@chandlershavin.com Counsel for Appellee

Daniel Alexander Of Counsel Texas Bar No. 24110752 alexander@chandlershavin.com TO THE HONORABLE FIFTEENTH COURT OF APPEALS:

Pursuant to this Court’s May 14, 2025, notice letter and request, the parties

have conferred about the Court’s jurisdiction. Because this appeal was

inappropriately filed in this Court and is not subject to this Court’s jurisdiction,

Appellee Julius Kadia now files this unopposed motion to transfer this appeal to the

Third Court of Appeals.

This is a case brought under Chapter 21 of the Texas Labor Code. The case

was tried to a jury in Travis County, Texas. A final judgment was entered in the 345th

Judicial District Court in Travis County on February 14, 2025. Appellant filed its

notice of appeal on May 13, 2025. The appeal should have been filed with the Third

Court of Appeals, as reflected in Defendant’s Request for and Designation of Clerk’s

Record, filed on May 29, 2025. Instead, the appeal was inappropriately filed in the

Fifteenth Court of Appeals.

The Fifteenth Court of Appeals, however, lacks jurisdiction over this appeal.

The Fifteenth Court of Appeals is authorized “to hear (1) appeals and writs within

the court’s exclusive intermediate appellate jurisdiction, and (2) appeals [the Texas

Supreme Court] transfer[s] into the court to equalize the court of appeals’ dockets.”

Kelley v. Homminga, 706 S.W.3d 829, 830 (Tex. 2025). Other cases, inappropriately

Unopposed Motion to Transfer Page 2 of 4 filed in the Fifteenth Court of Appeals, “must be transferred” to the court of appeals

for the district in which the case arose. Id. at 830, 833.

The exclusive intermediate appellate jurisdiction of the Fifteenth Court of

Appeals is statutorily limited to include “matters brought by or against the state or

a board, commission, department, office, or other agency in the executive branch

of the state government . . . other than” certain types of cases specifically

exempted from the Court’s jurisdiction. Tex. Gov’t Code § 22.220(d) (emphasis

added). Proceedings brought under Chapter 21 of the Texas Labor Code are

specifically exempted from the Court’s jurisdiction. Tex. Gov’t Code § 22.220(d)(M).

The Third Court of Appeals has jurisdiction over intermediate appeals arising

within its district, which includes cases tried in Travis County. Tex. Gov’t Code §

22.201(d); see Kelley, 706 S.W.3d at 831. Therefore, this appeal should have been

filed in, and should now be transferred to, the Third Court of Appeals.

For the foregoing reasons, Kadia respectfully requests that this appeal be

transferred to the Third Court of Appeals.

Unopposed Motion to Transfer Page 3 of 4 Respectfully submitted,

CHANDLER & SHAVIN, PLLC 12377 Merit Drive, Suite 880 Dallas, Texas 75251 By: /s/ Corinna Chandler Corinna Chandler Texas Bar No. 24061272 972-863-9063 (tel) 972-692-5220 (fax) chandler@chandlershavin.com

Eliot Shavin Texas Bar No. 18138200 shavin@chandlershavin.com

Daniel Alexander (of Counsel) Texas Bar No. 24110752 alexander@chandlershavin.com

COUNSEL FOR APPELLEE

Certificate of Conference

I hereby certify that I have conferred with counsel for appellant, Stephanie Criscione Houser, who has confirmed that appellant is not opposed to the relief requested in this motion.

/s/ Corinna Chandler_____________ Corinna Chandler

Certificate of Service

On June 6, 2025, a copy of the foregoing was served on counsel of record through the Court’s e-filing system. /s/ Corinna Chandler_____________ Corinna Chandler

Unopposed Motion to Transfer Page 4 of 4 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.

Corinna Chandler on behalf of Corinna Chandler Bar No. 24061272 chandler@chandlershavin.com Envelope ID: 101741233 Filing Code Description: Motion Filing Description: Appellee's Unopposed Motion to Transfer Status as of 6/6/2025 5:04 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Corinna Chandler chandler@chandlershavin.com 6/6/2025 4:56:14 PM NOT SENT

Cole Wilson 24122856 cole.wilson@oag.texas.gov 6/6/2025 4:56:14 PM NOT SENT

Stephanie Criscione 24109768 stephanie.criscione@oag.texas.gov 6/6/2025 4:56:14 PM NOT SENT

Andrew Harris 24057887 Drew.Harris@oag.texas.gov 6/6/2025 4:56:14 PM NOT SENT

Daniel Alexander alexander@chandlershavin.com 6/6/2025 4:56:14 PM NOT SENT

Eliot Shavin shavin@chandlershavin.com 6/6/2025 4:56:14 PM NOT SENT