Texas State University and Texas State University System v. Stuart Patrick Wilkinson

FILED 3/18/2025 10:54 AM Amanda K. Calvert District Clerk Hays County, Texas CAUSE NO. 24-1162 STUART PATRICK WILKINSON, § IN THE DISTRICT FILED COURT IN OF Plaintiff, § 15th COURT OF APPEALS AUSTIN, TEXAS § 3/19/2025 11:23:21 AM v. § HAYS COUNTY, TEXAS CHRISTOPHER A. PRINE § Clerk TEXAS STATE UNIVERSITY and § TEXAS STATE UNIVERSITY § 22ND JUDICIAL DISTRICT SYSTEM, § Defendants. §

DEFENDANTS’ NOTICE OF ACCELERATED INTERLOCUTORY APPEAL

Pursuant to Texas Rules of Appellate Procedure 25.1(a) and 26.1(b), Defendants Texas State University and Texas State University System (collectively, “Defendants”) give notice of an appeal from the Court’s denial of Defendants’ Plea to the Jurisdiction on February 28, 2025.

Defendants are entitled to an interlocutory appeal pursuant to Texas Civil Practice & Remedies Code § 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. See TEX. R. APP. P. 28.1(a). This is not a parental termination or child protection case, as defined in Rule 28.4.

Pursuant to Texas Civil Practice & Remedies Code § 51.014(b), all further proceedings in this Court are stayed pending resolution of Defendants’ appeal.

Pursuant to Texas Civil Practice & Remedies Code § 6.001, as a state entity, Defendants are not required to file a bond for court costs. Pursuant to Texas Rule of

Page 1 of 3 Appellate Procedure 25.1(d)(9)(A), this appeal involves a matter brought against a state institution of higher education. Defendants’ appeal is therefore perfected upon the filing of the notice of appeal.

Respectfully submitted.

KEN PAXTON Attorney General BRENT WEBSTER First Assistant Attorney General RALPH MOLINA Deputy First Assistant Attorney General AUSTIN KINGHORN Deputy Attorney General for Civil Litigation KIMBERLY GDULA Chief, General Litigation Division

/s/ Rachel L. Behrendt RACHEL L. BEHRENDT Texas Bar No. 24130871 Assistant Attorney General Office of the Attorney General General Litigation Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 475-4112 Facsimile: (512) 320-0667 [email protected] Counsel for Defendants

Page 2 of 3 CERTIFICATE OF SERVICE I hereby certify that on March 18, 2025, a true and correct copy of the foregoing document was served via the Court’s electronic filing manager system to all counsel of record.

David Junkin McGlothin Junkin & Wilde, PC W. San Antonio, Suite 400 San Marcos, Texas 78666 (512) 392-7510 (512) 395-7520 Fax [email protected] Counsel for Plaintiff Furthermore, I also certify that pursuant to Texas Civil Practice & Remedies Code § 51.017(a), this notice of appeal is served on the Court Reporters for the 22nd and 483rd Judicial District Courts, Hays County as follows: Valerie DeLeon via official court email: [email protected] 22nd Judicial District Court Hays County Government Center S. Stagecoach Trail, Ste. 3240 San Marcos, Texas 78666 Ruby Castilleja via official court email: [email protected] 483rd Judicial District Court Hays County Government Center S. Stagecoach Trail, Ste. 3240 San Marcos, Texas 78666 /s/ Rachel L. Behrendt RACHEL L BEHRENDT Assistant Attorney General

Page 3 of 3 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.

Ariana Ines on behalf of Rachel Behrendt Bar No. 24130871 [email protected] Envelope ID: 98574078 Filing Code Description: Notice Filing Description: DEFENDANTS NOTICE OF ACCELERATED INTERLOCUTORY APPEAL Status as of 3/18/2025 12:32 PM CST Associated Case Party: Texas State University System Name BarNumber Email TimestampSubmitted Status Rachel L. Behrendt [email protected] 3/18/2025 10:54:39 AM SENT Ariana Ines [email protected] 3/18/2025 10:54:39 AM SENT

Case Contacts Name BarNumber Email TimestampSubmitted Status David Junkin [email protected] 3/18/2025 10:54:39 AM SENT