NOS. 03-14-00283-CV & 03-14-00360-CV 

In the Court Of Appeals 

for the Third Judicial District

Austin, Texas

TEXAS EDUCATION AGENCY and MICHAEL L. WILLIAMS, COMMISSIONER OF 

EDUCATION, in his OFFICIAL CAPACITY, 

 Appellants/Defendants,

V.

AMERICAN YOUTHWORKS, INC., d/b/a AMERICAN YOUTHWORKS CHARTER 

SCHOOL, HONORS ACADEMY, INC., d/b/a HONORS ACADEMY, and TWO 

AZLEWAY, INC. d/b/a/ AZLEWAY CHARTER SCHOOL, 

 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 

KEN PAXTON

Attorney General of Texas

CHARLES E. ROY

First Assistant Attorney 

General

JAMES E. DAVIS

Deputy Attorney General for 

Civil Litigation

 

SHELLEY NIETO DAHLBERG

Associate Deputy Attorney General

For Civil Litigation

State Bar No. 24012491

OFFICE OF THE ATTORNEY GENERAL

 P.O. Box 12548, Capitol Station 

 Austin, Texas 78711-2548

 Tel.: (512) 936-1864

 Fax: (512) 320-0667

 

shelley.dahlberg@texasattorneygeneral.gov 

ATTORNEYS FOR RESPONDENT

 

ACCEPTED

03-14-00283-CV

7276799

THIRD COURT OF APPEALS

AUSTIN, TEXAS

10/7/2015 3:59:10 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 10/7/2015 3:59:10 PM JEFFREY D. KYLE Clerk
TO 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 TEX. EDUC.

CODE § 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 

statute 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

2
General 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. Schulman 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 therefore assume the motion is opposed. 

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CERTIFICATE 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 PlaintiffIntervenorAzleway Charter School

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