La Villa Independent School District v. Dr. Paz Elizondo

3/13/2025 11:04 AM Velva L. Price District Clerk Travis County CAUSE NO. D-1-GN-22-002025 D-1-GN-22-002025 Selina Hamilton DR. PAZ ELIZONDO § IN THE DISTRICT COURT OF FILED IN Plaintiff § 15th COURT OF APPEALS § AUSTIN, TEXAS v. § 455 JUDICIAL TH DISTRICT 3/14/2025 8:26:39 AM § CHRISTOPHER A. PRINE MIKE MORATH, TEXAS § Clerk COMMISISSIONER OF EDUCATION § AND LA VILLA INDEPENDENT § SCHOOL DISTRICT § Defendants § TRAVIS COUNTY, TEXAS

DEFENDANT LA VILLA INDEPENDENT SCHOOL DISTRICT’S NOTICE OF APPEAL TO THE FIFTEENTH COURT OF APPEALS AND NOTICE OF ELECTION Pursuant to Texas Rules of Appellate Procedure 25.1 and 34.5a, Defendant La Villa ISD files this Notice of Appeal from the Second Amended Final Judgment signed by the Court on February 12, 2025 and Notice of Election.

1. The trial court number and style of this case is Cause No. D-1-GN-22-002025, Dr. Paz Elizondo v. Mike Morath, Texas Commissioner of Education and La Villa Independent School District, in the 455th District Court in Travis County, Texas.

2. The order appealed from was signed on February 12, 2025 by the Honorable Maya Guerra Gamble and is titled the Second Amended Final Judgment.

3. Defendant La Villa ISD desires to appeal to the Fifteenth Court of Appeals in Austin, Texas because the Fifteenth Court has exclusive intermediate appellate jurisdiction over this matter. Tex. Gov’t Code § 22.220(d)(1). 1

The parties previously appealed a prior order from the trial court, which was titled the First Amended Final Judgment. That appeal was docketed as Cause Number 03-23-00125-CV in the Third Court of Appeals. After the parties briefed the issues from the First Amended Final Judgment, the Third Court issued an order remanding the case because that it was unclear to the Third Court whether the First Amended Final Judgment was actually a final judgment in that it did not address Plaintiff’s declaratory judgment claim. Thus, the Third Court was uncertain as to whether the trial court intended to rule on the declaratory judgment claim. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 206 (Tex. 2001) (holding that if an “appellate court is uncertain about the intent of the order,” the 4. This is not an accelerated or restricted appeal.

5. Pursuant to Texas Rule of Appellate Procedure 25.1(f), Defendant La Villa ISD respectfully requests that the trial court clerk send a copy of this notice of appeal to all relevant individuals.

6. La Villa ISD does not intend to request a reporter’s record in this case.

7. Rule 34.5a Notice of Election. Pursuant to Texas Rule of Appellate Procedure 34.5a, La Villa ISD provides notice that it will file an appendix that replaces the clerk’s record for this appeal.

Respectfully submitted, By: /s/ David Campbell David Campbell Texas Bar No. 24057033 [email protected] THOMPSON & HORTON LLP 8300 N. MoPac Expressway, Suite 220 Austin, TX 78759 512-615-2350 Telephone 713-583-8884 Facsimile Counsel for Defendant La Villa ISD appellate court can remand for clarification). On remand, the trial court entered the Second Amended Final Judgment, which does address Plaintiff’s declaratory judgment claim. Accordingly, the Fifteenth Court has exclusive jurisdiction over this appeal. Tex. Gov’t Code § 22.220(d)(1).

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document has been served on the individuals listed below on the 13th day of March, 2025.

Ruben R. Pena via e-filing State Bar No. 15740900 LAW OFFICES OF RUBEN R. PENA W. Harrison, Suite B Harlingen, Texas 78550 [email protected] Counsel for Plaintiff Karen L. Watkins via e-filing Assistant Attorney General State Bar 20927425 OFFICE OF THE ATTORNEY GENERAL ADMINISTRATIVE LAW DIVISION P.O. Box 12548 Austin, Texas 78711-2548 [email protected] Counsel for Defendant Mike Morath, Texas Commissioner of Education /s/ David Campbell David Campbell

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.

Kate French on behalf of David Campbell Bar No. 24057033 [email protected] Envelope ID: 98415332 Filing Code Description: Notice of Appeal Filing Description: DEFENDANT LA VILLA INDEPENDENT SCHOOL DISTRICT’S NOTICE OF APPEAL TO THE FIFTEENTH COURT OF APPEALS AND NOTICE OF ELECTION Status as of 3/13/2025 4:27 PM CST Associated Case Party: PAZ ELIZONDO Name BarNumber Email TimestampSubmitted Status Ruben Pena 15740900 [email protected] 3/13/2025 11:04:33 AM SENT

Associated Case Party: MIKE MORATHTEXAS COMMISSIONER OF EDUCATION Name BarNumber Email TimestampSubmitted Status Jeff Lutz [email protected] 3/13/2025 11:04:33 AM SENT Karen Watkins [email protected] 3/13/2025 11:04:33 AM SENT

Associated Case Party: LA VILLA INDEPENDENT SCHOOL DISTRICT Name BarNumber Email TimestampSubmitted Status Kristy Alonzo [email protected] 3/13/2025 11:04:33 AM SENT Eden Ramirez [email protected] 3/13/2025 11:04:33 AM SENT David J.Campbell [email protected] 3/13/2025 11:04:33 AM SENT

Case Contacts Name BarNumber Email TimestampSubmitted Status Kate French [email protected] 3/13/2025 11:04:33 AM SENT