Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 3/13/2015 2:12:48 PM JEFFREY D. KYLE Clerk No. 03-14-00012-CV THIRD COURT OF APPEALS 3/13/2015 2:12:48 PM JEFFREY D. KYLE 03-14-00012-CV AUSTIN, TEXAS *1 ACCEPTED [4493960] CLERK IN THE COURT OF APPEALS FOR THE THIRD DISTRICT AUSTIN, TEXAS STATE OFFICE OF RISK MANAGEMENT
v. KATINA A. EDWARDS On appeal from the 53rd Judicial District Court
of Travis County, Texas; Cause No. D-1-GN-09-003089;
The Honorable Tim Sulak, Presiding TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS’
COMPENSATION’S MOTION TO PARTICIPATE IN ORAL ARGUMENT KEN PAXTON
Attorney General of Texas
State Bar No. 13719300 CHARLES E. ROY Office of the Texas Attorney General
First Assistant Attorney General A DMINISTRATIVE D IVISION
P.O. Box 12548, Capitol Station JAMES E. DAVIS Austin, Texas 78711-2548
Deputy Attorney General for Telephone: (512) 475-4020
Civil Litigation Facsimile: (512) 320-0167
dennis.mckinney@texasattorneygeneral.gov DAVID A. TALBOT, JR. Attorneys for Amicus Curiae, Texas
Chief, Administrative Law Division
Department of Insurance, Division of Workers’ Compensation Dated: March 13, 2015
No. 03-14-00012-CV IN THE COURT OF APPEALS FOR THE THIRD DISTRICT AUSTIN, TEXAS STATE OFFICE OF RISK MANAGEMENT
v. KATINA A. EDWARDS On appeal from the 53rd Judicial District Court
of Travis County, Texas; Cause No. D-1-GN-09-003089;
The Honorable Tim Sulak, Presiding TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS’
COMPENSATION’S AGREED MOTION TO PARTICIPATE IN ORAL
ARGUMENT TO THE HONORABLE JUSTICES OF THE TEXAS THIRD COURT OF
APPEALS:
COMES NOW, the Texas Department of Insurance, Division of Workers’
Compensation (“the Division”), and respectfully files this Motion to Participate in
Oral Argument, and offers the following:
1. Oral Argument for this case is set for March 25, 2015 at 1:30 p.m.
2. Assistant Attorney General Dennis M. McKinney represents the
Division, Amicus Curiae. Brad McClellan represents Appellee, Katrina Edwards.
The Division is not a party to this appeal, and has filed an Amicus Curiae Brief.
3. Counsel for Appellee Katrina Edwards, has offered to allow counsel for
the Division to use the first five (5) minutes of Appellee’s time to argue.
4. Counsel for the Division hereby seeks permission from this Court to
participate in oral argument and allow the Division to use five minutes of Appellee’s
time to argue.
5. Counsel for Appellee is in agreement with this Motion and request.
Respectfully submitted, KEN PAXTON Attorney General of Texas CHARLES E. ROY First Assistant Attorney General JAMES E. DAVIS Deputy Attorney General for Civil Litigation DAVID A. TALBOT, JR. Chief, Administrative Law Division *4 /s/ Dennis M. McKinney DENNIS M. MCKINNEY Assistant Attorney General State Bar No.13719300 O FFICE OF THE T EXAS A TTORNEY G ENERAL A DMINISTRATIVE D IVISION P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 475-4020 Facsimile: (512) 320-0167 E-mail: dennis.mckinney@texasattorneygeneral.gov Attorneys for Amicus Curiae, Texas Department of Insurance, Division of Workers’ Compensation AGREED TO:
/s/ Brad McClellan by permission
Brad McClellan
Attorney for Appellee Katina Edwards
CERTIFICATE OF CONFERENCE
I hereby certify that on March 13, 2015, I conferred with J. Red Tripp, counsel
for Appellant, and counsel for Appellant indicated that she is not opposed to this
motion.
/s/ Dennis M. McKinney *5 CERTIFICATE OF COMPLIANCE
I hereby certify compliance with Texas Rules of Appellate Procedure 9 and
that there are 640 words in this document. Microsoft Word was used to prepare this
filing and calculate the number of words in it.
/s/ Dennis M. McKinney DENNIS M. MCKINNEY Assistant Attorney General CERTIFICATE OF SERVICE I hereby certify that, in compliance with Rule 9.5 of the Texas Rules of
Appellate Procedure, a true and correct copy of the above and foregoing document
has been served via e-service and email on the following on this the 13th day of
March, 2015:
Brad McClellan O FFICES OF R ICHARD P ENA , P.C.
1701 Directors Blvd, Suite 110
Austin, Texas 78744
Telephone: (512) 327-6884
Facsimile: (512) 327-8354
brad.mcclellan@yahoo.com
Attorney for Appellee
J. Red Tripp
P.O. Box 13777
300 W. 15th Street, 6 th Floor
Austin, Texas 78701
Telephone: (512) 936-1516
Facsimile: (512) 370-9189
Red.Tripp@sorm.state.tx.us
Attorneys for Appellant
/s/ Dennis M. McKinney