# NO. 03- 15

- 00 430- 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

CLERK1. On September 13, 2005, Appellants propounded its first discovery to Appellee

Glenn Hegar, in cluding 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 14782 00 (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 pre

payment 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 Judgm ent challenging the se 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 instan t case. Appellants ’ attorney

— who is also the attorney in Sanadco

—

intend s to file a Motion for Rehearing whic h 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 iss ues 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 9 0 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 abate ment of this appeal for an additional 9 0 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