Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 2/17/2015 4:42:34 PM JEFFREY D. KYLE Clerk THIRD COURT OF APPEALS 2/17/2015 4:42:34 PM JEFFREY D. KYLE 03-14-00808-CV AUSTIN, TEXAS *1 ACCEPTED [4183334] CLERK No. 03-14-00808-CV
I N T HE 3 RD C OURT OF A PPEALS
A USTIN , T EXAS 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 146 th District Court of Bell County, Texas;
269,135-B APPELLANT’S AGREED & UNOPPOSED 1 AMENDED MOTION TO
DISMISS ONLY TEXAS MUTUAL INSURANCE COMPANY FROM THIS
INTERLOCUTORY APPEAL
TO THE HONORABLE JUSTICES OF THE 3 rd 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
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 1 Amended Motion to Dismiss Texas Mutual
Insurance Company.
Bradley Dean McClellan *3 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
Brad McClellan