No. 03-15-00436-CV

In the Third Court of Appeals

Austin, Texas

CHARLES O. “CHUCK” GRIGSON; 

GERALD HOOKS AND LESLIE HOOKS, 

Appellants, 

v.

THE STATE OF TEXAS; THE TEXAS DEPARTMENT OF 

INSURANCE; THE TEXAS COMMISSIONER OF INSURANCE;

and FARMERS GROUP, INC., FARMERS TEXAS COUNTY MUTUAL 

INSURANCE COMPANY, TEXAS FARMERS INSURANCE COMPANY, 

FIRE INSURANCE EXCHANGE, ET AL., 

Appellees. 

On Appeal from the 261st Judicial District Court, Travis County, Texas

Cause No. D-1-GV-02-002501

APPELLEES’ JOINT MOTION TO DISMISS GERALD AND LESLIE 

HOOKSES’ APPEAL FOR LACK OF APPELLATE JURISDICTION 

AND REQUEST FOR EXPEDITED CONSIDERATION OF MOTION

Marcy Hogan Greer

State Bar No. 08417650 

mgreer@adjtlaw.com

ALEXANDER DUBOSE JEFFERSON &

TOWNSEND LLP

515 Congress Ave., Suite 2350 

Austin, Texas 78701 

Telephone: 512-482-9300 

Telecopier: 512-482-9303 

M. Scott Incerto 

State Bar No. 10388950 

scott.incerto@nortonrosefulbright.com 

NORTON ROSE FULBRIGHT US LLP

98 San Jacinto Blvd., Suite 1100 

Austin, Texas 78701 

Telephone: 512-474-5201 

Telecopier: 512-536-4598 

COUNSEL FOR DEFENDANTS-APPELLEES 

THE FARMERS PARTIES

Joshua R. Godbey 

State Bar No. 24049996 

joshua.godbey@texasattorneygeneral.gov 

Ryan S. Mindell 

State Bar No. 24089707 

ryan.mindell@texasattorneygeneral.gov 

Jennifer S. Jackson 

State Bar No. 24060004 

jennifer.jackson@texasattorneygeneral.gov 

OFFICE OF THE ATTORNEY GENERAL

P.O. Box 12548 

Austin, Texas 78711-2548 

Telephone: (512) 475-4209 

Fax: (512) 477-2348)

COUNSEL FOR PLAINTIFFS-APPELLEES, THE 

STATE OF TEXAS, THE TEXAS DEPARTMENT 

OF INSURANCE, AND THE TEXAS 

COMMISSIONER OF INSURANCE

ACCEPTED

03-15-00436-CV

6212457

THIRD COURT OF APPEALS

AUSTIN, TEXAS

7/24/2015 11:58:32 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/24/2015 11:58:32 AM JEFFREY D. KYLE Clerk
TO THE HONORABLE COURT OF APPEALS:

Appellees, the State of Texas, the Texas Department of Insurance and the 

Texas Commissioner of Insurance (jointly, “the State”) and the Farmers Parties1

(together with the State, the “Settling Parties”) file this Joint Motion to Dismiss 

Gerald and Leslie Hookses’ Appeal for Lack of Appellate Jurisdiction and Request 

for Expedited Consideration of Motion to show the Court as follows:

ARGUMENT AND AUTHORITIES

On July 20, 2015—after the Settling Parties had already filed their Joint 

Motion to Dismiss Appellant Charles O. “Chuck” Grigson’s (“Grigson’s”) 

appeal—a second set of intervenors, Gerald and Leslie Hooks (“Hookses”), filed a

Notice of Interlocutory Appeal from the district court’s July 6, 2015, Order of 

Preliminary Approval. The Hookses’ Notice is identical to the Notice filed by 

Grigson on July 15, 2015.

2

 The Hookses’ appeal is likewise deficient and 

 1 Farmers Group, Inc., Fire Underwriters Association, Farmers Underwriters Association, 

Farmers Insurance Exchange, Fire Insurance Exchange, Texas Farmers Insurance Company, 

Mid-Century Insurance Company of Texas, Mid-Century Insurance Company, Farmers Texas 

County Mutual Insurance Company, Truck Insurance Exchange, and Truck Underwriters 

Association

2 Like Grigson’s counsel, the Hookses are also not strangers to the long history of this case, 

which prevents them (and any others) from pursuing this frivolous interlocutory appeal. The 

Hookses intervened in this case on May 16, 2003, on the eve of the first preliminary approval 

hearing; appealed the district court’s original 2003 Order certifying the settlement classes; and 

exhausted that appeal years later after losing on all their objections before the Texas Supreme 

Court and this Court. See Farmers Grp., Inc. v. Lubin, 222 S.W.3d 417, 420, 427-28 (Tex. 

2007); Lubin v. Farmers Grp., Inc., No. 03-03-00374-CV, 2009 WL 3682602, at *26-32 (Tex. 

App.—Austin Nov. 6, 2009, no pet.) (rejecting all objections raised by the Hookses and noting 
2

improper and should be dismissed on an expedited basis for the same reasons 

demonstrated in the Settling Parties’ Joint Motion to Dismiss Appeal for Lack of 

Appellate Jurisdiction and Request for Expedited Consideration of Motion, which 

was filed on July 20, 2015, and the arguments of which are incorporated here by 

reference.

CONCLUSION

For these reasons, the Settling Parties request that the Court: (i) expedite 

consideration of this request; (ii) grant the Appellees’ Joint Motion to Dismiss 

Gerald and Leslie Hookses’ Appeal for Lack of Appellate Jurisdiction; (iii) dismiss 

this appeal; and (iv) grant such other and further relief to which the Appellees are 

entitled.

 

their “delay[] [in] becoming involved in this case until right before the certification hearing”). 

They are, as much as anyone, well aware that the district court certified the classes at issue back 

in 2003, given their participation in the proceedings that challenged that certification decision at 

the time.

These and other facts stated in this Motion are in the record, within the Court’s knowledge in its 

official capacity, or in the personal knowledge of the undersigned, and so, no affidavit in support 

is needed. TEX. R. APP. P. 10.2.
3

Date: July 24, 2015 Respectfully submitted,

/s/ M. Scott Incerto

Marcy Hogan Greer

State Bar No. 08417650

mgreer@adjtlaw.com

ALEXANDER DUBOSE JEFFERSON & TOWNSEND LLP

515 Congress Avenue, Suite 2350

Austin, Texas 78701-3562

Telephone: (512) 482-9300

Facsimile: (512) 482-9303

M. Scott Incerto

State Bar No. 10388950

scott.incerto@nortonrosefulbright.com

NORTON ROSE FULBRIGHT US LLP

98 San Jacinto Blvd., Suite 1100

Austin, Texas 78701

Telephone: 512-474-5201

Telecopier: 512-536-4598

Darryl W. Anderson

State Bar No. 24008694

darryl.anderason@nortonrosefulbright.com

Geraldine W. Young

State Bar No. 24084134

geraldine.young@nortonrosefulbright.com

NORTON ROSE FULBRIGHT US LLP

1301 McKinney, Suite 5100

Houston, Texas 77010 3095

Telephone: 713 651 5151

Telecopier: 713 651 5246

ATTORNEYS FOR DEFENDANTS-APPELLEES FIRE 

UNDERWRITERS ASSOCIATION, FARMERS GROUP,

INC., FARMERS UNDERWRITERS ASSOCIATION,

FARMERS INSURANCE EXCHANGE, FIRE INSURANCE 

EXCHANGE, TEXAS FARMERS INSURANCE COMPANY,

MID-CENTURY INSURANCE COMPANY OF TEXAS,

MID-CENTURY INSURANCE COMPANY, FARMERS 

TEXAS COUNTY MUTUAL INSURANCE COMPANY,

TRUCK INSURANCE EXCHANGE, AND TRUCK 

UNDERWRITERS ASSOCIATION
4

Respectfully submitted,

KEN PAXTON

Attorney General of Texas

CHARLES E. ROY

First Assistant Attorney General

JAMES E. DAVIS

Deputy Attorney General for Civil Litigation

ROBERT O’KEEFE

Division Chief

Financial Litigation, Tax, and Charitable Trusts Division

/s/ Joshua R. Godbey

JOSHUA R. GODBEY

Assistant Attorney General 

LEAD ATTORNEY

State Bar No. 24049996

Telephone: (512) 475-4209

joshua.godbey@texasattorneygeneral.gov

RYAN S. MINDELL

Assistant Attorney General

State Bar No. 24089707

Telephone: (512) 936-1721

ryan.mindell@texasattorneygeneral.gov

JENNIFER S. JACKSON

Assistant Attorney General

State Bar No. 24060004

Telephone: (512) 463-9917

jennifer.jackson@texasattorneygeneral.gov

Financial Litigation, Tax, and Charitable Trusts Division

P.O. Box 12548

Austin, Texas 78711-2548

Fax: (512) 477-2348)

ATTORNEYS FOR PLAINTIFFS-APPELLEES, THE STATE 

OF TEXAS, THE TEXAS DEPARTMENT OF INSURANCE,

AND THE TEXAS COMMISSIONER OF INSURANCE
5

CERTIFICATE OF SERVICE

On July 24, 2015, I electronically filed the Appellees’ Joint Motion to 

Dismiss Gerald and Leslie Hookses’ Appeal for Lack of Appellate Jurisdiction and

Request for Expedited Consideration of Motion with the Clerk of the Court using 

the eFile.TXCourts.gov electronic filing system which will send notification of 

such filing to the following (unless otherwise noted below). 

Joseph C. Blanks

P.O. Box 999

Doucette, TX 75942

blanxlex@gmail.com

Counsel for Appellants Gerald and 

Leslie Hooks

Michael J. Woods

8620 N. New Braunfels, Ste. 522

San Antonio, TX 78217

MichaelJWoods@sbcglobal.net

Pro Se Intervenor/Objector 

Joe K. Longley

Philip K. Maxwell

1609 Shoal Creek Blvd. # 100

Austin, TX 78701

Joe@JoeLongley.com

phil@philmaxwell.com

Counsel for Appellant Charles O. 

“Chuck” Grigson

/s/ M. Scott Incerto

M. Scott Incerto
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CERTIFICATE OF CONFERENCE

I certify that, on July 20, 2015, I conferred with Joseph C. Blanks, counsel 

for Gerald and Leslie Hooks, about the merits of the foregoing motion, pursuant to 

Texas Rule of Appellate Procedure 10.1(a)(5), and he stated that the Hookses are

opposed to the motion.

/s/ M. Scott Incerto

M. Scott Incerto

CERTIFICATE OF COMPLIANCE WITH TEX. R. APP. P. 9.4(i)

I certify that the foregoing document contains 737 words and complies with 

the word limit set forth in Texas Rule of Appellate Procedure 9.4(i).

/s/ M. Scott Incerto

M. Scott Incerto