NO. 03-15-00430-CV

 

In The 

Third Court of Appeals 

 

AT AUSTIN, TEXAS 

Sanadco Inc., Mahmoud A. Isba, Broadway Grocery, Inc., Shariz, Inc., 

Ruby & Sons Store, Inc., and Rubina Noorani,

APPELLANTS

VS. 

The Office of the Comptroller of Public Accounts; Glenn Hegar, in his 

individual and official capacities as Comptroller of Public Accounts for 

the State of Texas; and Ken Paxton in his official capacity as Attorney 

General of the State of Texas, 

APPELLEES 

__________________________________________________________ 

Appeal From Cause No D-1-GN-13-004352 

The 250th District Court Of Travis County, Texas 

The Honorable Karin Crump, Presiding 

__________________________________________________________ 

APPELLANT’S ABATEMENT STATUS REPORT

___________________________________________________________ 

TO THE HON0RABLE THIRD COURT OF APPEALS: 

NOW COME SANADCO INC, MAHMOUD AHMED ISBA, BROADWAY 

GROCERY, INC., SHARIZ, INC., RUBY & SONS STORE, INC., AND RUBINA NOORANI, 

Appellants in the above-referenced cause, and submit the following status report 

as ordered by the court in its Memorandum Opinion of August 27, 2015, and 

reports the following: 

ACCEPTED

03-15-00430-CV

7119989

THIRD COURT OF APPEALS

AUSTIN, TEXAS

9/28/2015 10:56:48 AM

JEFFREY D. KYLE

CLERK

 RECEIVED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 9/28/2015 10:56:48 AM JEFFREY D. KYLE Clerk
1. On September 13, 2005, Appellants propounded its first discovery to Appellee 

Glenn Hegar, including a Request for Disclosure, First Set of Interrogatories, Request 

for Admissions and Request for Production.

2. On September 21, 2015, Appellees filed its First Amended Answer and Plea to 

the Jurisdiction, asserting that this court’s opinion in Sanadco, Inc. v. Office of the

Comptroller, 2015 WL 1478200 (Tex. App.—Austin March 25, 2015, pet filed) (mem.

op.) has already addressed and disposed of the jurisdictional issues here—by

concluding that the district court lacked subject-matter jurisdiction over the

taxpayer’s APA and UDJA claims because Appellants failed to comply with the prepayment prerequisites of Chapter 112 of the Texas Tax Code.

3. Appellants have not yet filed a responsive pleading, but intends to file a 

Motion for Summary Judgment challenging these jurisdictional assertions within the 

next two weeks.

4. On September 25, 2015, the Texas Supreme Court denied, without opinion, 

the petition for review in Sanadco which could affect the jurisdictional issues raised 

in the instant case. Appellants’ attorney—who is also the attorney in Sanadco—

intends to file a Motion for Rehearing which is due on or before October 12, 2015.

5. The Plea to the Jurisdiction in this cause has been set for hearing on October 

22, 2015, and may be dispositive of all the issues involved in this case.

6. As the Motion for Summary Judgment and Plea to the Jurisdiction may 

potentially yield a final judgment in the trial court, Appellants would respectfully 

request the court to extend the abatement of this appeal for an additional 90 days to 

allow for rendition of a final judgment and filing and resolution of post judgment 

motions, if necessary.

ALL PREMISES CONSIDERED, Appellants respectfully request this Court to 

extend the abatement of this appeal for an additional 90 days to December 28, 2015 

to permit conclusion of trial on the merits in this cause.

Respectfully submitted,
By: /s/ Samuel T Jackson

Law Office of 

Samuel T. Jackson 

Texas Bar No. 10495700

2315 Vernell Way

Round Rock, TX 78664-4617

Mob. (512) 924-5794

Tel. (512) 692-6260

Fax. (866) 722-9685

FOR APPELLANTS

Email: jacksonlaw@hotmail.com

CERTIFICATE OF SERVICE

I hereby certify by my signature above that a true and correct copy of the

above and foregoing instrument was served on the parties or their attorneys via

facsimile, certified mail, return receipt requested, and/or hand delivery on

September 28, 2015, in accordance with the Texas Rules of Appellate Procedure,

to the following:

JACK HOHENGARTEN

Assistant Attorney

General State Bar No.

09812200 Office of the

Attorney General

Financial Litigation, Tax, and Charitable Trusts Division

P.O. Box 12548

Austin, Texas 78711-2548

Tel:(512) 475-3503

Fax:(512) 477-2348

jack.hohengarten@texasattorneygeneral.gov

Attorney for Appellees