Texas Health and Human Services Commission v. Julius Kadia

ACCEPTED 15-25-00090-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 6/6/2025 4:56 PM No. 15-25-0090-CV CHRISTOPHER A. PRINE _______________________________________________________ CLERK FILED IN 15th COURT OF APPEALS Texas Court of Appeals for the Fifteenth District of Texas AUSTIN, TEXAS _______________________________________________________ 6/6/2025 4:56:14 PM CHRISTOPHER A. PRINE Clerk Texas Health and Human Services Commission, Appellant, v. Julius Kadia, Appellee. _______________________________________________________ On Appeal from the 345th Judicial District Court Travis County, Texas (No. D-1-GN-20-003118) _______________________________________________________ Appellee’s Unopposed Motion to Transfer _______________________________________________________ Corinna Chandler Chandler & Shavin, PLLC Texas Bar No. 24061272 12377 Merit Drive, Suite 880 [email protected] Dallas, Texas 75251 Telephone: (972) 863-9063 Eliot Shavin Facsimile: (972) 692-5220 Texas Bar No. 18138200 [email protected] Counsel for Appellee Daniel Alexander Of Counsel Texas Bar No. 24110752 [email protected] TO THE HONORABLE FIFTEENTH COURT OF APPEALS: Pursuant to this Court’s May 14, 2025, notice letter and request, the parties have conferred about the Court’s jurisdiction. Because this appeal was inappropriately filed in this Court and is not subject to this Court’s jurisdiction, Appellee Julius Kadia now files this unopposed motion to transfer this appeal to the Third Court of Appeals.

This is a case brought under Chapter 21 of the Texas Labor Code. The case was tried to a jury in Travis County, Texas. A final judgment was entered in the 345th Judicial District Court in Travis County on February 14, 2025. Appellant filed its notice of appeal on May 13, 2025. The appeal should have been filed with the Third Court of Appeals, as reflected in Defendant’s Request for and Designation of Clerk’s Record, filed on May 29, 2025. Instead, the appeal was inappropriately filed in the Fifteenth Court of Appeals.

The Fifteenth Court of Appeals, however, lacks jurisdiction over this appeal.

The Fifteenth Court of Appeals is authorized “to hear (1) appeals and writs within the court’s exclusive intermediate appellate jurisdiction, and (2) appeals [the Texas Supreme Court] transfer[s] into the court to equalize the court of appeals’ dockets.”

Kelley v. Homminga, 706 S.W.3d 829, 830 (Tex. 2025). Other cases, inappropriately

Unopposed Motion to Transfer Page 2 of 4 filed in the Fifteenth Court of Appeals, “must be transferred” to the court of appeals for the district in which the case arose. Id. at 830, 833.

The exclusive intermediate appellate jurisdiction of the Fifteenth Court of Appeals is statutorily limited to include “matters brought by or against the state or a board, commission, department, office, or other agency in the executive branch of the state government . . . other than” certain types of cases specifically exempted from the Court’s jurisdiction. Tex. Gov’t Code § 22.220(d) (emphasis added). Proceedings brought under Chapter 21 of the Texas Labor Code are specifically exempted from the Court’s jurisdiction. Tex. Gov’t Code § 22.220(d)(M).

The Third Court of Appeals has jurisdiction over intermediate appeals arising within its district, which includes cases tried in Travis County. Tex. Gov’t Code § 22.201(d); see Kelley, 706 S.W.3d at 831. Therefore, this appeal should have been filed in, and should now be transferred to, the Third Court of Appeals.

For the foregoing reasons, Kadia respectfully requests that this appeal be transferred to the Third Court of Appeals.

Unopposed Motion to Transfer Page 3 of 4 Respectfully submitted,

CHANDLER & SHAVIN, PLLC 12377 Merit Drive, Suite 880 Dallas, Texas 75251 By: /s/ Corinna Chandler Corinna Chandler Texas Bar No. 24061272 972-863-9063 (tel) 972-692-5220 (fax) [email protected] Eliot Shavin Texas Bar No. 18138200 [email protected] Daniel Alexander (of Counsel) Texas Bar No. 24110752 [email protected] COUNSEL FOR APPELLEE Certificate of Conference I hereby certify that I have conferred with counsel for appellant, Stephanie Criscione Houser, who has confirmed that appellant is not opposed to the relief requested in this motion.

/s/ Corinna Chandler_____________ Corinna Chandler Certificate of Service On June 6, 2025, a copy of the foregoing was served on counsel of record through the Court’s e-filing system. /s/ Corinna Chandler_____________ Corinna Chandler

Unopposed Motion to Transfer Page 4 of 4 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.

Corinna Chandler on behalf of Corinna Chandler Bar No. 24061272 [email protected] Envelope ID: 101741233 Filing Code Description: Motion Filing Description: Appellee's Unopposed Motion to Transfer Status as of 6/6/2025 5:04 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Corinna Chandler [email protected] 6/6/2025 4:56:14 PM NOT SENT Cole Wilson 24122856 [email protected] 6/6/2025 4:56:14 PM NOT SENT Stephanie Criscione 24109768 [email protected] 6/6/2025 4:56:14 PM NOT SENT Andrew Harris 24057887 [email protected] 6/6/2025 4:56:14 PM NOT SENT Daniel Alexander [email protected] 6/6/2025 4:56:14 PM NOT SENT Eliot Shavin [email protected] 6/6/2025 4:56:14 PM NOT SENT