Amber Cervantes v. City of Corpus Christi

Appeal Dismissed and Memorandum Opinion filed August 12, 2025. In The Fifteenth Court of Appeals NO. 15-25-00092-CV BRIGHT HEALTH MANAGEMENT, INC., Appellant V. CANTILO & BENNETT, L.L.P., SPECIAL DEPUTY RECEIVER OF BRIGHT HEALTHCARE INSURANCE COMPANY OF TEXAS, Appellee On Appeal from the 455th District Court Travis County, Texas Trial Court Cause No. D-1-GN-23-008361 MEMORANDUM OPINION The underlying case is an insurance receivership proceeding under Chapter 443 of the Texas Insurance Code, in which the Texas Department of Insurance (TDI) sought and placed Appellant Bright Health Management, Inc.’s subsidiary, Bright Health Insurance Company of Texas (BHICOT), into liquidation. Bright Health Management attempts to appeal the trial court’s May 6, 2025, order (the Order) that enforces a permanent injunction that was entered over two years ago and that requires Bright Health Management to produce certain books and records of BHICOT to the Special Deputy Receiver, Appellee Cantilo & Bennett, LLP (the Receiver). We issued a letter notifying the parties this appeal was subject to dismissal for want of jurisdiction because the record does not contain either a final judgment or an appealable interlocutory order unless any party filed a response showing meritorious grounds for continuing the appeal. See Tex. R. App. P. 42.3(a); Tex. Civ. Prac. & Rem. Code § 51.014(a); Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Both parties submitted briefing on jurisdiction. After reviewing the parties’ briefing, the record, and the applicable law, we conclude we do not have jurisdiction and dismiss the appeal for want of jurisdiction. BACKGROUND In November 2023, the trial court signed an order appointing the Commissioner of the TDI as Liquidator of BHICOT and entered a permanent injunction ordering Bright Health Management to, among other things, promptly surrender BHICOT’s property to the Liquidator. The November 2023 order further authorized appointment of the Receiver to perform the Liquidator’s functions. Bright Health Management did not appeal the November 2023 order or the permanent injunction. A dispute later ensued regarding the practicalities and cost of turning over electronically stored documents that relate to BHICOT to the Receiver. The Receiver eventually filed a Motion to Enforce the Permanent Injunction and Bright Health Management filed a Response and Cross-Motion for Entry of Order 2 Governing Electronically Stored Information (ESI Cross-Motion). A hearing was held before the court-appointed Special Master, who issued a recommendation to the trial court. On May 6, 2025, the trial court confirmed the Special Master’s recommendation, granted the Receiver’s Motion to Enforce, denied Bright Health Management’s ESI-Cross Motion, and ordered Bright Health Management to produce certain categories of BHICOT documents to the Receiver. This appeal followed.1 DISCUSSION Bright Health Management first argues the Order is an appealable, interlocutory order because it “functions as a temporary injunction,” or alternatively, is an order that modifies an order appointing a receiver. See Tex. Civ. Prac. & Rem. Code §§ 51.014(a)(1), (a)(4). We disagree. The Order simply enforces the November 2023 permanent injunction that requires Bright Health Management to promptly surrender BHICOT’s property. It does not grant any modified or additional authority to the Receiver. Bright Health Management next argues the Order is a final judgment because it resolves all issues between Bright Health Management and the Receiver regarding production of documents. We disagree that this characterization of the Order, even if correct, renders the Order a final, appealable judgment. The underlying proceeding is an insurance receivership, and the Order does not dispose of all parties and claims in the receivership action. See Lehmann, 39 S.W.3d at 1 Bright Health Management contemporaneously filed a mandamus action challenging the Order, which we denied. In re Bright Health Mgmt., Inc., No. 15–25–00108–CV, 2025 WL 1872554, at *1 (Tex. App.—15th Dist. July 8, 2025, orig. proceeding). 3 195. There are certain discrete decisions by insurance receivership courts that are considered final, appealable judgments, but the Order at issue here is not one of those. See Tex. Ins. Code §§ 443.055 (order on petition commencing delinquency proceedings); 443.257(c) (final disposition of a disputed claim). Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R

Court of Appeals Tenth Appellate District of Texas 10-25-00240-CR Bradley Oliver, Appellant v. The State of Texas, Appellee On appeal from the 19th District Court of McLennan County, Texas Judge Thomas C. West, presiding Trial Court Cause No. 2021-499-C1 JUSTICE SMITH delivered the opinion of the Court. MEMORANDUM OPINION Appellant appeals from a judgment revoking community supervision which was imposed on May 15, 2025 and signed by the trial court on that same date. Appellant wrote a pro se letter to the trial court asking to appeal the judgment which was mailed on July 16, 2025 and filed by the trial court clerk on July 18, 2025. Appellant was represented by court-appointed counsel prior to the imposition of sentence, and nothing in the clerk’s record indicates that his attorney withdrew from his representation of Appellant after his sentence was imposed. The trial court appointed appellate counsel for Appellant on July 25, 2025, and counsel promptly filed a notice of appeal and motion for extension of time to file the notice of appeal. However, a motion for extension of time may be granted only if it is filed within 45 days of the imposition of sentence. Therefore, the pro se notice of appeal filed by Appellant on July 18, 2025 and later motion to extend and amended notice of appeal were not timely and this Court is unable to grant the motion for extension of time because we lack jurisdiction to do so. See TEX. R. APP. P. 26.2(a)(1), 26.3. See also Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). Accordingly, this appeal is dismissed. See id. Appellant’s motion to extend time to file the notice of appeal is dismissed. STEVE SMITH Justice OPINION DELIVERED and FILED: August 14, 2025 Before Chief Justice Johnson, Justice Smith, and Justice Harris Appeal dismissed; motion dismissed Do not publish CR25 Oliver v. State Page 2

Fourth Court of Appeals San Antonio, Texas JUDGMENT No. 04-25-00056-CR Alicia Angelita ARREDONDO, Appellant v. The STATE of Texas, Appellee From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2022CR11898 Honorable Catherine Torres-Stahl, Judge Presiding BEFORE JUSTICE RIOS, JUSTICE VALENZUELA, AND JUSTICE BRISSETTE In accordance with this court’s memorandum opinion of this date, this appeal is DISMISSED. SIGNED August 6, 2025. _________________________________ Irene Rios, Justice

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAOT-XX-XXXXXXX 20-JUN-2025 07:59 AM Dkt. 5 ODSLJ NO. CAOT-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI I JASON FLETCHER, Petitioner, v STATE OF HAWAI I, Respondent. ORDER (By: Leonard, Acting Chief Judge, Hiraoka, Wadsworth, JJ.) Upon review of the record, the court finds that self- represented Petitioner Eric Fletcher's (Fletcher) April 25, 2025 Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody appears to seek affirmative relief in the nature of a federal petition for writ of habeas corpus, which this court lacks jurisdiction to decide. Therefore, IT IS HEREBY ORDERED that case No. CAOT-XX-XXXXXXX is dismissed for lack of jurisdiction without prejudice to Fletcher seeking relief from the appropriate court having jurisdiction. Dated: Honolulu, Hawai i June 20, 2025. /s/ Katherine G. Leonard Acting Chief Judge /s/ Keith K. Hiraoka Associate Judge /s/ Clyde J. Wadsworth Associate Judge

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 18-JUN-2025 07:58 AM Dkt. 65 SO NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Plaintiff-Appellee, v. CHARLESTON MAHOE, Defendant-Appellant (CASE NO. 1CPC-XX-XXXXXXX) AND STATE OF HAWAI#I, Plaintiff-Appellee, v. CHARLESTON MAHOE, SR., Defendant-Appellant (CASE NO. 1CPC-XX-XXXXXXX) APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT SUMMARY DISPOSITION ORDER (By: Leonard, Acting C.J., and Hiraoka and Wadsworth, JJ.) Defendant-Appellant Charleston Mahoe, also known as Charleston Mahoe, Sr. (Mahoe), appeals from the following orders (together, the Denial Orders) entered by the Circuit Court of the First Circuit: (1) the February 28, 2023 "Findings of Fact, Conclusions of Law, and Order Denying [Mahoe's] Motion to Dismiss Proceedings" in case no. 1CPC-XX-XXXXXXX (Case 823); and (2) the February 28, 2023 "Findings of Fact, Conclusions of Law, and Order Denying [Mahoe's] Motion to Dismiss Proceedings," in case no. 1CPC-XX-XXXXXXX (Case 829).1/ On June 22, 2017, Plaintiff-Appellee State of Hawai#i (State) charged Mahoe in Case 823 with Count 1, Assault in the Second Degree, and Count 2, Violation of a Temporary Restraining Order. On June 23, 2017, the State charged Mahoe in the 829 Case 1/ The Honorable Shirley M. Kawamura presided in both cases.  NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER with Counts 1 through 3, Terroristic Threatening in the First Degree, and Counts 4 through 9, Violation of a Temporary Restraining Order. Mahoe pleaded no contest to all counts in both cases, and on December 19, 2017, the circuit court sentenced him to HOPE probation. On June 24, 2022, the State moved in both cases to revoke Mahoe's probation and resentence him. On December 22, 2022, Mahoe filed a Motion to Dismiss Proceedings (Motion to Dismiss) in each case. Mahoe argued that the Hawai#i Supreme Court's decision in State v. Obrero, 151 Hawai#i 472, 517 P.3d 755 (2022), required dismissal due to the State's failure to comply with HRS § 801-1's indictment-or- information requirement. On February 28, 2023, the circuit court entered the Denial Orders, which denied the respective Motions to Dismiss. On May, 11, 2023, the circuit court filed Orders of Resentencing Revocation of Probation. On appeal, Mahoe contends that the circuit court erred in applying "the Motta/Wells standard" to his "Obrero claim" and denying his Motions to Dismiss on that basis. After reviewing the record on appeal and the relevant legal authorities, and giving due consideration to the issues raised and the arguments advanced by the parties, we resolve Mahoe's appeal as follows: The Hawaii Supreme Court has held that "Obrero applies to cases that were pending trial before the decision. Obrero does not apply retroactively to defendants who pled out or to defendants convicted after a trial." State v. Bautista, 153 Hawai#i 284, 289, 535 P.3d 1029, 1034 (2023). The supreme court further held that "defendants awaiting sentencing . . . are foreclosed from having their pleas nullified or their trial convictions overturned" pursuant to Obrero. Id. Here, Mahoe pled out, was convicted, and was sentenced to probation with special conditions before Obrero was decided. He was awaiting resentencing when he first raised his argument based on Obrero. Pursuant to Bautista, Obrero did not apply to 2  NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER his cases. Accordingly, the circuit court did not err in denying the Motions to Dismiss. Therefore, the respective February 28, 2023 Denial Orders entered by the Circuit Court of the First Circuit in Case 823 and Case 829 are affirmed. DATED: Honolulu, Hawai#i, June 18, 2025. On the briefs: /s/ Katherine G. Leonard Taryn R. Tomasa, Acting Chief Judge Deputy Public Defender, for Defendant-Appellant. /s/ Keith K. Hiraoka Brian Vincent, Associate Judge Deputy Prosecuting Attorney, City and County of Honolulu, for Plaintiff-Appellee. /s/ Cly