Texas Court of Appeals, 15th District, 2025

In re Google, LLC v. the State of Texas

Texas Court of Appeals, 15th District · Decided January 13, 2025

Opinion

ACCEPTED 15-24-00087-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 1/13/2025 9:48 AM CHRISTOPHER A. PRINE Norton Rose Fulbright US LLP 2200 Ross Avenue, Suite 3600 CLERK Dallas, Texas 75201-7932 United States FILED IN 15th COURT OF APPEALS AUSTIN, TEXAS Kristina Williams Senior Counsel 1/13/2025 9:48:00 AM Direct line +1 214 855 3916 CHRISTOPHER A. PRINE [email protected] January 13, 2025 Tel +1 214 855 8000 Clerk Fax +1 214 855 8200 nortonrosefulbright.com Christopher A. Prine Fifteenth Court of Appeals William P. Clements Building W. 15th Street, Suite 607 Austin, Texas 78701 Re: In re: Google LLC, Nos. 15-24-00087, 15-24-00090 The State’s Response to Google’s January 10, 2025 Notice Dear Mr. Prine: The State of Texas writes in response to Google’s January 10, 2025 “Notice of Case Development” (“Notice”).

On January 9, 2025, the Thirteenth Court of Appeals issued an opinion reversing the Trial Court’s denial of Google’s special appearance in Cause No. 22- 01-88230-D, State of Texas v. Google, LLC, In the 377th District Court of Victoria County, Texas (the “Victoria case”). 1 The State intends to petition the Supreme Court of Texas for review of the decision issued by the Thirteenth Court of Appeals.

The mandate—effectuating the Court of Appeals’ opinion—will not issue until the

Texas v. Google, LLC, No. 13-23-00114-CV, slip op. at 18 (Tex. App.—Corpus Christi – Edinburg Jan. 9, 2025).

State has exhausted its appellate remedies, and thus the Victoria case and all related proceedings remain live, pending issuance of the mandate. See In re Long, 984 S.W.2d 623, 626 (Tex. 1999) (holding that a district court clerk “was not obligated to comply with the [appellate court’s] injunction until the appeals were final and mandate issued”); In re City of Cresson, 245 S.W.3d 72, 74 (Tex. App.— Fort Worth 2008, no pet.) (“It is true that this court’s judgment is not enforceable in the trial court until it is final and mandate issues.”). At minimum, the mandate will not issue until ten days after the deadline for filing a motion for extension of time to file a petition for review (here, March 20, 2025). See Tex. R. App. P. 18.1, 53.7(f).

The Thirteenth Court of Appeals’ January 9, 2025 Opinion is unrelated to the mandamus proceeding in Cause No. 15-24-00087, In re: Google LLC, or to the trial court proceeding in Cause No. CV58999, State of Texas v. Google, LLC, In the 385th District Court of Midland County, Texas.

As argued in the State’s briefing and at oral argument, the Court should deny Relator’s Petitions.

Respectfully submitted, Kristina Williams Kristina Williams Attorney of Record for the State of Texas cc: all counsel of record (via-email) Automated Certificate of eService This automated certificate of service was created by the efiling system.

The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Maria Diaz on behalf of Kristina Williams Bar No. 24078303 [email protected] Envelope ID: 96126216 Filing Code Description: Letter Filing Description: State of Texas Response Letter re Jurisdictional Appeal Opinion Status as of 1/13/2025 11:00 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Melissa Patterson [email protected] 1/13/2025 9:48:00 AM SENT Angela Goldberg [email protected] 1/13/2025 9:48:00 AM SENT Anna Brandl 24042271 [email protected] 1/13/2025 9:48:00 AM SENT John Ellis 24078473 [email protected] 1/13/2025 9:48:00 AM SENT David Lauritzen 796934 [email protected] 1/13/2025 9:48:00 AM SENT Robyn Hargrove 24031859 [email protected] 1/13/2025 9:48:00 AM SENT Stephen McConnico 13450300 [email protected] 1/13/2025 9:48:00 AM SENT Joseph Graham 24044814 [email protected] 1/13/2025 9:48:00 AM SENT Bryan Lauer 24068274 [email protected] 1/13/2025 9:48:00 AM SENT Steven Wingard 788694 [email protected] 1/13/2025 9:48:00 AM SENT Marc Collier 792418 [email protected] 1/13/2025 9:48:00 AM SENT Geraldine Young 24084134 [email protected] 1/13/2025 9:48:00 AM SENT Jeffrey Wolff 21865900 [email protected] 1/13/2025 9:48:00 AM SENT Julie Ann Searle 24037162 [email protected] 1/13/2025 9:48:00 AM SENT Angie Espinoza [email protected] 1/13/2025 9:48:00 AM SENT Maria Williamson [email protected] 1/13/2025 9:48:00 AM SENT Deborah Williams [email protected] 1/13/2025 9:48:00 AM SENT Christopher Cooke 24129241 [email protected] 1/13/2025 9:48:00 AM SENT Jordan Kadjar [email protected] 1/13/2025 9:48:00 AM SENT Toni Shah [email protected] 1/13/2025 9:48:00 AM SENT Shelby Hart-Armstrong [email protected] 1/13/2025 9:48:00 AM SENT Sarah Judge [email protected] 1/13/2025 9:48:00 AM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system.

Associated Case Party: State of Texas Name BarNumber Email TimestampSubmitted Status William FCole [email protected] 1/13/2025 9:48:00 AM SENT Kristina Williams 24078303 [email protected] 1/13/2025 9:48:00 AM SENT Lanora Pettit [email protected] 1/13/2025 9:48:00 AM SENT

Case-law data current through December 31, 2025. Source: CourtListener bulk data.