Opinion
NO. 03-18-00397-CV
11-17-2020
Appellant, Texley Incorporated d/b/a Glamour Girls // Cross-Appellant, Glenn Hegar, in his Official Capacity as Texas Comptroller of Public Accounts v. Appellee, Glenn Hegar, in his Official Capacity as Texas Comptroller of Public Accounts // Cross-Appellee, Texley Incorporated d/b/a Glamour Girls
FROM THE 250TH DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-GN-18-001834 , THE HONORABLE JAN SOIFER, JUDGE PRESIDING ORDER
PER CURIAM
On October 23, 2020, this Court issued an opinion and rendered judgment reversing the district court's disposition of a plea to the jurisdiction raised by the Texas Comptroller of Public Accounts, reversing the district court's injunction prohibiting the Comptroller from collecting a disputed assessment from Texley Incorporated, and remanding the case with instructions for the district court to hold a hearing on Texley Incorporated's oath of inability to pay. Motions for rehearing were due on November 9, 2020, but to date neither party has moved this Court for rehearing.
Now before the Court is Texley Incorporated's emergency motion for temporary relief, which asks this Court to enjoin the Comptroller from renewed efforts to collect the disputed assessment until our mandate issues and Texley can obtain the hearing on its oath of inability to pay. After reviewing the motion, the response in opposition, and the record, we deny Texley Incorporated's motion and instruct the clerk of court to issue the mandate immediately. See Tex. R. App. P. 18.6, 49.4.
It is so ordered on November 17, 2020. Before Justices Goodwin, Baker, and Smith