L.L.C., Inc. and Fun Holdings, LLC v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas and Ken Paxton, Attorney General of the State of Texas

NUMBER 13-21-00011-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
L.L.C., INC. AND
FUN HOLDINGS, LLC, Appellants,
v.
GLENN HEGAR, COMPTROLLER OF
PUBLIC ACCOUNTS OF THE STATE
OF TEXAS AND KEN PAXTON, ATTORNEY
GENERAL OF THE STATE OF TEXAS, Appellees.
On appeal from the 53rd District Court
of Travis County, Texas.
ORDER OF ABATEMENT
Before Chief Justice Contreras and Justices Hinojosa and Silva
Order Per Curiam
Appellants L.L.C., Inc. and Fun Holdings, LLC appeal the trial court’s order
granting appellees, Glenn Hegar, Comptroller of Public Accounts of the State of Texas
and Ken Paxton, Attorney General of the State of Texas, plea to the jurisdiction. After due
consideration of the pleadings on file in this matter, the Court has determined that
additional briefing is necessary. See TEX. R. APP. P. 38.7 (providing that “[a] brief may be
amended or supplemented whenever justice requires, on whatever reasonable terms the
court may prescribe”).
On October 29, 2021, after oral argument in this appeal, appellees submitted a
letter brief regarding a recently issued opinion from the Austin Court of Appeals—1st
Global, Inc. v. Hegar, No. 03-19-00740-CV, 2021 WL 5022390, at *1 (Tex. App.—Austin
Oct. 29, 2021, no pet.) (mem. op.). Appellees claim this opinion is binding authority, as
this appeal is a transfer case from the Third Court of Appeals in Austin. See TEX. R. APP.
P. 41.3 (“In cases transferred by the Supreme Court from one court of appeals to another,
the court of appeals to which the case is transferred must decide the case in accordance
with the precedent of the transferor court under principles of stare decisis.). Appellants
did not respond to this letter brief.
The Court, having fully examined and considered the briefing, oral arguments, and
the letter brief, is of the opinion that to effectuate the proper and complete presentation
of this matter, the parties must brief this court on the impact, if any, of the 1st Global, Inc.
v. Hegar opinion on the underlying appeal. See 2021 WL 5022390, at *1. Accordingly, we
abate this appeal to remove it from the Court’s active docket. Appellants’ supplemental
brief is hereby ordered due thirty days from the date of this order. Appellees’ supplemental
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brief will be due thirty days after the date that appellants’ supplemental brief is filed.
The appeal shall be reinstated after appellees’ response to our inquiry has been
properly and duly filed.
PER CURIAM
Delivered and filed on the
26th day of October, 2022.
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