No. 03-16-00070-CV 

In the Third Court of Appeals 

Austin, Texas 

TEXAS HORSEMEN'S PARTNERSHIP, LLP, 

Plaintiff/ Appellee, 

v. 

GLENN HEGAR, IN HIS OFFICIAL CAPACITY AS THE TEXAS COMPTROLLER OF 

PUBLIC ACCOUNTS, AND THE STATE OF TEXAS, 

Defendants/Appellants. 

Motion to Remand, or in the Alternative, to Dismiss for 

Lack of Jurisdiction 

To THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS: 

Pursuant to Texas Rule of Appellate Procedure 10, Plaintiff/Appellee Texas 

Horsemen's Partnership, LLP (the "Horsemen's Partnership") respectfully files 

this Motion to Remand, or in the Alternative, to Dismiss for Lack of Jurisdiction. 

On June 1, 2016, the Horsemen's Partnership filed a Notice of Nonsuit 

Without Prejudice in the trial court, nonsuiting all claims against 

Defendants/Appellants Glenn Hegar, in his official capacity as the Texas 

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Gardere01 - 8745155v.1

No. 03-16-00070-CV

_____________________________________________________________ 

In the Third Court of Appeals 

Austin, Texas 

_____________________________________________________________ 

TEXAS HORSEMEN’S PARTNERSHIP, LLP, 

Plaintiff/Appellee, 

v.

GLENN HEGAR, IN HIS OFFICIAL CAPACITY AS THE TEXAS COMPTROLLER OF 

PUBLIC ACCOUNTS, AND THE STATE OF TEXAS, 

Defendants/Appellants. 

_____________________________________________________________ 

Motion to Remand, or in the Alternative, to Dismiss for 

Lack of Jurisdiction 

_____________________________________________________________ 

TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS: 

Pursuant to Texas Rule of Appellate Procedure 10, Plaintiff/Appellee Texas 

Horsemen’s Partnership, LLP (the “Horsemen’s Partnership”) respectfully files 

this Motion to Remand, or in the Alternative, to Dismiss for Lack of Jurisdiction. 

On June 1, 2016, the Horsemen’s Partnership filed a Notice of Nonsuit 

Without Prejudice in the trial court, nonsuiting all claims against 

Defendants/Appellants Glenn Hegar, in his official capacity as the Texas 

ACCEPTED

03-16-00070-CV

10931800

THIRD COURT OF APPEALS

AUSTIN, TEXAS

6/2/2016 9:41:45 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 6/2/2016 9:41:45 AM JEFFREY D. KYLE Clerk
Comptroller of Public Accounts, and the State of Texas. A True and Correct Copy 

of the Notice of Nonsuit is attached hereto as Exhibit A. The Horsemen's 

Partnership's Notice of Nonsuit became effective immediately when it was filed 

and it completely extinguished the underlying case or controversy between the 

parties. See, e.g., University of Tex. Med. Branch at Galveston v. Estate of 

Blackmon, 195 S.W.3d 98, 100 (Tex. 2006). Accordingly, this Court lacks 

jurisdiction over this interlocutory appeal. Id. at 99-101. 

Because there is no longer a justiciable controversy between the parties, the 

Horsemen's Partnership respectfully requests that the Court remand this case to the 

trial court so that the trial court can perform the ministerial duty of entering an 

order dismissing the case. Alternatively, the Horsemen's Partnership respectfully 

requests that the Court dismiss this interlocutory appeal for lack of jurisdiction. 

Respectfully submitted, 

GARDERE WYNNE SEWELL LLP 

By: /s/ David G. Cabrales 

David G. Cabrales 

Texas Bar No. 00787179 

dcabrales@gardere.com 

Lucas C. Wohlford 

Texas Bar No. 24070871 

lwohlford@gardere.com 

Calli A. Turner 

Texas Bar No. 24088558 

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Gardere01 - 8745155v.1

Comptroller of Public Accounts, and the State of Texas. A True and Correct Copy 

of the Notice of Nonsuit is attached hereto as Exhibit A. The Horsemen’s 

Partnership’s Notice of Nonsuit became effective immediately when it was filed 

and it completely extinguished the underlying case or controversy between the 

parties. See, e.g., University of Tex. Med. Branch at Galveston v. Estate of 

Blackmon, 195 S.W.3d 98, 100 (Tex. 2006). Accordingly, this Court lacks 

jurisdiction over this interlocutory appeal. Id. at 99-101.

Because there is no longer a justiciable controversy between the parties, the 

Horsemen’s Partnership respectfully requests that the Court remand this case to the 

trial court so that the trial court can perform the ministerial duty of entering an 

order dismissing the case. Alternatively, the Horsemen’s Partnership respectfully 

requests that the Court dismiss this interlocutory appeal for lack of jurisdiction. 

Respectfully submitted,

GARDERE WYNNE SEWELL LLP

By: /s/ David G. Cabrales

David G. Cabrales 

Texas Bar No. 00787179

dcabrales@gardere.com

Lucas C. Wohlford

Texas Bar No. 24070871

lwohlford@gardere.com

Calli A. Turner

Texas Bar No. 24088558
cturner@gardere.com 

Gardere Wynne Sewell LLP 

3000 Thanksgiving Tower 

1601 Elm Street 

Dallas, Texas 75201 

Telephone: (214) 999-3000 

Facsimile: (214) 999-4667 

ATTORNEYS FOR 

PLAINTIFF/APPELLEE 

TEXAS HORSEMEN'S 

PARTNERSHIP, LLP 

CERTIFICATE OF SERVICE 

By my signature below, I hereby certify that a true and correct copy 

of the above and foregoing was served on all counsel of record via the 

Court's electronic filing system on June 1, 2016 and again on June 2, 2016. 

/s/ David G. Cabrales 

David G. Cabrales 

Gardere01 - 8745155v.1 

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Gardere01 - 8745155v.1

ATTORNEYS FOR 

PLAINTIFF/APPELLEE 

TEXAS HORSEMEN’S 

PARTNERSHIP, LLP

CERTIFICATE OF SERVICE

By my signature below, I hereby certify that a true and correct copy 

of the above and foregoing was served on all counsel of record via the 

Court’s electronic filing system on June 1, 2016 and again on June 2, 2016. 

/s/ David G. Cabrales

David G. Cabrales

cturner@gardere.com

Gardere Wynne Sewell LLP

3000 Thanksgiving Tower

1601 Elm Street

Dallas, Texas 75201

Telephone: (214) 999-3000

Facsimile: (214) 999-4667
CERTIFICATE OF CONFERENCE 

Pursuant to Texas Rule of Appellate Procedure 10.1(a)(5), I certify 

that on June 1, 2016, I attempted to confer with counsel for 

Defendants/Appellants regarding the merits of this Motion and whether 

Defendants/Appellants oppose the Motion. Counsel for 

Defendants/Appellants informed me via voicemail that they are opposed 

to Plaintiff/Appellee's request for remand but are unopposed to 

Plaintiff/Appellee's request to dismiss this appeal. 

/s/ Lucas C. Wohlford 

Lucas C. Wohlford 

Gardere01 - 8745155v.1 

4 4

Gardere01 - 8745155v.1

CERTIFICATE OF CONFERENCE

Pursuant to Texas Rule of Appellate Procedure 10.1(a)(5), I certify 

that on June 1, 2016, I attempted to confer with counsel for 

Defendants/Appellants regarding the merits of this Motion and whether 

Defendants/Appellants oppose the Motion. Counsel for 

Defendants/Appellants informed me via voicemail that they are opposed 

to Plaintiff/Appellee’s request for remand but are unopposed to 

Plaintiff/Appellee’s request to dismiss this appeal. 

/s/ Lucas C. Wohlford

Lucas C. Wohlford
EXHIBIT A 
NO. D-1-GN-16-000078 

TEXAS HORSEMEN'S PARTNERSHIP, LLP§ 

Plaintiff, 

vs. 

GLENN HEGAR, in his official capacity as § 

Texas Comptroller of Public Accounts; STATE§ 

OF TEXAS 

Defendants. § 

6/1/2016 4:11:22 PM 

Velva L. Price 

District Clerk 

Travis County 

D-1-GN-16-000078 

Bad Henson 

IN THE DISTRICT COURT OF 

TRAVIS COUNTY, TEXAS 

250THJUDICIAL DISTRICT 

NOTICE OF NONSUIT WITHOUT PREJUDICE 

COMES NOW the Texas Horsemen's Partnership, LLP, plaintiff in the above styled and 

numbered cause, and respectfully files this Notice of Nonsuit Without Prejudice. Pursuant to 

Texas Rule of Civil Procedure 162, Plaintiff hereby gives notice that it is taking a nonsuit of its 

entire case against Defendants Glenn Hegar, in his official capacity as Texas Comptroller of 

Public Accounts, and the State of Texas. This nonsuit is without prejudice to refiling, and is 

effective immediately on the filing of this notice on this date. 

DATED: May 31, 2016 

Respectfully submitted, 

GARDERE WYNNE SEWELL LLP 

By: /s/ David G. Cabrales 

David G. Cabrales 

Texas Bar No. 00787179 

deabrales@gardere.com Lucas C. Wohlford 

NOTICE OF NONSUIT WITHOUT PREJUDICE Page 1 

Gardere01 - 8745149v.1 
Texas Bar No. 24070871 

lwohlfordagardere.corn 

Calli A. Turner 

Texas Bar. No. 24088558 

cturnerftardere.com Gardere Wynne Sewell LLP 

3000 Thanksgiving Tower 

1601 Elm Street 

Dallas, Texas 75201 

Telephone: (214) 999-3000 

Facsimile: (214) 999-4667 

ATTORNEYS FOR PLAINTIFF THE 

TEXAS HORSEMEN'S PARTNERSHIP, 

LLP 

CERTIFICATE OF SERVICE 

By my signature below, I hereby certify that a true and correct copy of the foregoing was 

served to all counsel of record in accordance with the Texas Rules of Civil Procedure on this the 

31st day of May, 2016. 

/s/ David G. Cabrales 

David G. Cabrales 

NOTICE OF NONSUIT WITHOUT PREJUDICE Page 2 

Gardere01 - 8745149v,1