NOS. 03

- 14

- 00283

- CV & 03

- 14

- 00360 -CV



# In the Court Of Appeals **for the Third Judicial District Austin, Texas** 

T EXAS E DUCATION A GENCY and M ICHAEL L. W ILLIAMS
, C OMMISSIONER OF E DUCATION , in his O FFICIAL C APACITY
, Appellants/Defendants,
V.

A MERICAN Y OUTHWORKS
, I NC ., d/b/a A MERICAN Y OUTHWORKS C HARTER

S CHOOL
, H ONORS A CADEMY
, I NC ., d/b/a H ONORS A CADEMY
, and T WO A ZLEWAY
, I NC . d/b/a/ A ZLEWAY C HARTER S CHOOL
, Appellees/Plaintiffs/Intervenors.

On Appeal from the 261st District Court Travis County, Texas Cause No. D -1-GN- 14

- 000672

APPELLANTS’ OPPOSED MOTION FOR LEAVE TO FILE POST SUBMISSION LETTER

K EN P AXTON Attorney General of T exas

C HARLES E. R OY First Assistant Attorney General

J AMES E. D AVIS Deputy Attorney General for Civil Litigation S HELLEY N IETO D AHLBERG Associate Deputy Attorney General For Civil Litigation State Bar No. 240 12491 O FFICE OF THE A TTORNEY G ENERAL P.O. Box 12548 , Capitol Station Austin, Texas 78711

- 2548 Tel.: (512) 936

- 1864 Fax: (512) 320

- 0667

shelley.dahlberg@texasattorneygeneral.gov

A TTORNEYS FOR R ESPONDENT ACCEPTED 03-14-00283-CV
7276799 THIRD COURT OF APPEALS

AUSTIN, TEXAS 10/7/2015 3:59:10 PM JEFFREY D. KYLE

CLERKTO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:

This motion seeks leave to file a post

- submission letter brief.

Oral argument in the above

- referenced matter was held on September 24,

2015. During argument, Justice Field inquired whether amendments to T EX

. E DUC

.

C ODE § 12.115 (c), enacted in Senate Bill 2 in 2013, are unconstitutionally retroactive

under the Supreme Court’s analysis in Robinson v. Crown Cork & Seal Co ., 335

S.W.3d 126 (Tex. 2010). Appellants submit that under Robinson and the Court’s

later opinion in Union Carbide Corp. v. Synatzske , 438 S.W.3d 39 (Tex. 2014), the

statut e is not unconstitutionally retroactive.

Given the length of Appellees’ argument, Counsel for Appellants seeks this

leave to further explain the Commissioner’s argument related to Justice Field’s

question for which there was little time allotted during rebuttal.

Accordingly, Appellants request that the Court grant leave to file their Post

Submission Letter Brief.

Respectfully submitted,

KEN PAXTON Attorney General of Texas

CHARLES E. ROY First Assistant Attorney General

JAMES E. DAVIS Deputy Attorney General for Civil Litigation

2General Litigation Division
Post Office Box 12548, Capitol Station Austin, Texas 78711

- 2548 (512) 463

- 2120 (Telephone) (512) 320

- 0667 (Facsimile)

CERTIFICATE OF CONFERENCE

I certify that my legal assistant , at my direction, emailed Appellees’ counsel

on October 6, 2015 at 9:13 a.m. to determine whether they are opposed to this
motion. I was copied on the email

. Mr. O’Hanlon indicated that he was unopposed
to the motion but deferred to Mr. Schulma n given that the issues addressed in the letter pertain to American YouthWorks ’ claim. Mr. Schulman asked for additional time to consider the content of the letter. As of the filing of this motion, I have not heard further from Appellees’ counsel. I the refore assume the motion is opposed.

3CERTIFICATE OF SERVICE

I hereby certify that on October 7, 2015 the foregoing document was filed electronically and sent to the following counsel of record via email and/or ECF
Notification:

Robert A. Schulman

SCHULMAN
, LOPEZ & HOFFER
, L

. L

. P

. Joseph E. Hoffer
517 Soledad Street San Antonio, Texas 78205

- 1508
rschulman@slh

- law.com jhoffer@slh

- law.com

Cris Feldman
3355 West Alabama Street, Suite 1220 Houston, Texas 77098 cris.feldman@thefeldmanfirmpc.com Attorneys for Plaintiff Kevin O'Hanlon
Leslie McCollom
808 West Avenue Austin, Texas 78701
kohanlon@808west.com
lmccollom@808west.com Attorneys for Plaintiff

- Intervenor Honors Academy, Inc.

Susan G. Morrison The Fowler Law Firm, PC 919 Congress Ave. Suite 900 Austin, TX 78701
smorrison@thefowlerlawfirm.com Attorneys for Plaintiff

IntervenorAzleway Charter School

4