State of Texas, the Texas Facilities Commission, the Texas Health and Human Services Commission, Mike Novak, in His Official Capacity as Executive Director of the TFC, and Rolland Niles, in His Official Capacity as Deputy Executive Commissioner for the System Support Services Division of the Texas Health and Human Services Commission v. Broadmoor Austin Associates, a Texas Joint Venture
Opinion
ACCEPTED 1/23/2025 11:55 AM 15-25-00013-CV FIFTEENTH COURT OF Velva APPEALSL. Price District AUSTIN, TEXAS Clerk Travis County 2/7/2025 8:48 AM CAUSE NO. D-1-GN-23-007899 D-1-GN-23-007899 CHRISTOPHER A.RosaPRINEOneal CLERK BROADMOOR AUSTIN § IN THE DISTRICT COURT FILED IN ASSOCIATES, a Texas Joint § 15th COURT OF APPEALS Venture, § AUSTIN, TEXAS § 2/7/2025 8:48:30 AM Plaintiff, § CHRISTOPHER A. PRINE Clerk § v. § § STATE OF TEXAS, acting by and § through the Texas Facilities § Commission, for and on behalf of § the Texas Health and Human § Services Commission; THE TEXAS § FACILITIES COMMISSION; MIKE § TRAVIS COUNTY, TEXAS NOVAK, in his Official Capacity § as Executive Director of the Texas § Facilities Commission; THE § TEXAS HEALTH AND HUMAN § SERVICES COMMISSION; and § CECILE ERWIN YOUNG, in her § Official Capacity as Executive § Commissioner of the Texas Health § and Human Services Commission, § GLENN HEGAR, Texas § Comptroller of Public Accounts; § 455TH JUDICIAL DISTRICT and ROLLAND NILES in his § Official Capacity as Deputy § Executive Commissioner for the § System Support Services division § of the Texas Health and Human § Services Commission, § § Defendants. §
DEFENDANTS STATE OF TEXAS, THE TEXAS FACILITIES COMMISSION, MIKE NOVAK, THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION, AND ROLLAND NILES’S NOTICE OF ACCELERATED INTERLOCUTORY APPEAL AND AUTOMATIC STAY Pursuant to Texas Rules of Appellate Procedure 25.1(a) and 26.1(b), Defendants, the State of Texas, the Texas Facilities Commission, the Texas Health and Human Services Commission, Mike Novak, in his Official capacity as Executive Director of the TFC, and Rolland Niles, in his Official Capacity as Deputy Executive Commissioner for the System Support Services division of HHSC (collectively “Defendants”), gives notice of an appeal of the Court’s order of January 8, 2025. Said order granted-in-part and denied-in-part Defendants’ Amended Plea to the Jurisdiction to Second Amended Petition.1 Defendants are entitled to an interlocutory appeal pursuant to Civil Practice and Remedies Code section 51.014(a)(8), which allows for an immediate appeal from an order that denies a plea to the jurisdiction. Defendants appeal to the Fifteenth Court of Appeals. This is an accelerated appeal as provided by Texas Rule of Appellate Procedure 28.1. This is not a parental termination or child protection case, as defined by Rule 28.4.
Pursuant to Texas Civil Practice and Remedies Code 51.014(b), all further proceedings in this court are stayed pending resolution of Defendants’ appeal.
Pursuant to section 6.001, as governmental entities and officers, Defendants are not required to file a supersedeas bond for court costs. Defendants’ appeal is therefore perfected upon the filing of the notice of appeal.
1 All claims were dismissed against Defendants Cecile Erwin Young, in her Official Capacity as Executive Commissioner of the HHSC, and Glenn Hegar, Texas Comptroller of Public Accounts, and they do not appeal.
Respectfully submitted, KEN PAXTON Attorney General of Texas BRENT WEBSTER First Assistant Attorney General RALPH MOLINA Deputy First Assistant Attorney General JAMES LLOYD Deputy Attorney General for Civil Litigation KIMBERLY GDULA Division Chief, General Litigation Division /s/ Alyssa Bixby-Lawson ALYSSA BIXBY-LAWSON Attorney-in-Charge Texas Bar No. 24122680 Assistant Attorney General General Litigation Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 (210) 270-1118 | FAX: (512) 320-0667 [email protected] Counsel for Defendants, State of Texas, the Texas Facilities Commission, the Texas Health and Human Services Commission, Mike Novak, in his Official capacity as Executive Director of the TFC, and Rolland Niles, in his Official Capacity as Deputy Executive Commissioner for the System Support Services division of HHSC
CERTIFICATE OF SERVICE I certify that on January 23, 2025, the foregoing Defendants, State of Texas, the Texas Facilities Commission, Mike Novak, the Texas Health and Human Services Commission, and Rolland Niles’s, Notice of Accelerated Interlocutory Appeal and Automatic Stay was filed with the Clerk of this Court and served on the following parties of record via EFileTexas.gov efiling service.
Casey L. Dobson Sara W. Clark SCOTT DOUGLASS & MCCONNICO, LLP Colorado Street, Suite 2400 Austin, TX 78701 [email protected] [email protected]
/s/ Alyssa Bixby-Lawson ALYSSA BIXBY-LAWSON Assistant Attorney General
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.
Victoria Gomez on behalf of Alyssa Bixby-Lawson Bar No. 24122680 [email protected] Envelope ID: 96520598 Filing Code Description: Notice of Appeal Filing Description: DEFENDANTS STATE OF TEXAS, THE TEXAS FACILITIES COMMISSION, MIKE NOVAK, THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION, AND ROLLAND NILES’S NOTICE OF ACCELERATED INTERLOCUTORY APPEAL AND AUTOMATIC STAY Status as of 1/24/2025 8:54 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Casey LDobson [email protected] 1/23/2025 11:55:20 AM SENT Angela Goldberg [email protected] 1/23/2025 11:55:20 AM SENT Angie Espinoza [email protected] 1/23/2025 11:55:20 AM SENT Kemp Kasling [email protected] 1/23/2025 11:55:20 AM SENT Alyssa Bixby-Lawson 24122680 [email protected] 1/23/2025 11:55:20 AM SENT Susie Smith [email protected] 1/23/2025 11:55:20 AM SENT Victoria Gomez [email protected] 1/23/2025 11:55:20 AM SENT Murl Miller [email protected] 1/23/2025 11:55:20 AM SENT Elena Bendea [email protected] 1/23/2025 11:55:20 AM SENT
Associated Case Party: BROADMOOR AUSTIN ASSOCIATES Name BarNumber Email TimestampSubmitted Status Sara WClark [email protected] 1/23/2025 11:55:20 AM SENT 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.
Victoria Gomez on behalf of Alyssa Bixby-Lawson Bar No. 24122680 [email protected] Envelope ID: 97100753 Filing Code Description: Copy of Notice of Appeal Filing Description: 20250123 Notice of Interlocutory Appeal Status as of 2/7/2025 9:14 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Alyssa Bixby-Lawson [email protected] 2/7/2025 8:48:30 AM SENT Victoria Gomez [email protected] 2/7/2025 8:48:30 AM SENT Sara W.Clark [email protected] 2/7/2025 8:48:30 AM SENT Casey Dobson [email protected] 2/7/2025 8:48:30 AM SENT Kemp Kasling [email protected] 2/7/2025 8:48:30 AM SENT Angela Goldberg [email protected] 2/7/2025 8:48:30 AM SENT Susie Smith [email protected] 2/7/2025 8:48:30 AM SENT Angie Espinoza [email protected] 2/7/2025 8:48:30 AM SENT
Case-law data current through December 31, 2025. Source: CourtListener bulk data.