Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas v. RPM Dining, LLC ( 2020 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-18-00068-CV
Glenn Hegar, Comptroller of Public Accounts of the State of Texas; and
Ken Paxton, Attorney General of the State of Texas, Appellants
v.
RPM Dining, LLC, Appellee
FROM THE 98TH DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-GN-17-004451, THE HONORABLE KARIN CRUMP, JUDGE PRESIDING
MEMORANDUM OPINION
PER CURIAM
The parties have filed an Agreed Motion to Amend Memorandum Opinion. We
reinstate the case, grant the motion, and issue this memorandum opinion abating the proceeding.
In April 2018, we granted an agreed motion filed by the parties and abated this
appeal pending a decision by this Court in another pending case. That case, however, was
recently dismissed after the parties settled their dispute, and the parties have since filed an agreed
motion to amend our opinion abating the case. The parties ask that we amend our opinion to
reflect that the cause is abated pending the Texas Supreme Court’s resolution of EBS Solutions,
Inc. v. Hegar, No. 18-0503.1
We grant the motion and abate the appeal. Within 30 days after the date the
supreme court issues its opinion and judgment in EBS Solutions, appellants shall file an opening
brief or a motion to dismiss the appeal. Failure to do so may result in this Court’s dismissal of
the cause for want of prosecution. See Tex. R. App. 42.3(b).
Before Chief Justice Rose, Justices Baker and Triana
Abated
Filed: April 7, 2020
1
EBS Solutions is the appeal of this Court’s opinion in Hegar v. EBS Solutions, Inc., 549
S.W.3d 849 (Tex. App.—Austin 2018, pet. filed) (en banc).
2