The Board of Regents of the Texas A&M University System v. BE&K Building Group, LLC
Opinion
Received & Filed 4/16/2025 11:16 AM Gabriel Garcia, District Clerk Brazos County, Texas Emily Velasquez Envelope# - 99736231
CAUSE NO. 20-002171-CV-272 BE&K BUILDING GROUP, LLC, § IN THE DISTRICT COURT OF FILED IN Plaintiff, § 15th COURT OF APPEALS § AUSTIN, TEXAS v. § BRAZOS4/21/2025 COUNTY, 4:11:20 PM TEXAS § CHRISTOPHER A. PRINE Clerk THE BOARD OF REGENTS OF THE § TEXAS A&M UNIVERSITY SYSTEM, § Defendant. § 272ND JUDICIAL DISTRICT DEFENDANT’S NOTICE OF APPEAL AND NOTICE OF AUTOMATIC STAY TO THE HONORABLE JUDGE OF SAID COURT: Pursuant to the provisions of Rule 25, Texas Rules of Appellate Procedure, and §51.014(a)(8) of the Texas Civil Practice and Remedies Code, Defendant The Board of Regents of the Texas A&M University System (“TAMUS”) hereby gives notice of its appeal in accordance with law.
1. On April 9, 2025, the trial court filed and entered its Order Denying Defendant’s Plea to the Jurisdiction (“Order”), a copy of which is attached hereto as Exhibit “A”.
3. Defendant, TAMUS is not required to post bond. See TEX. CIV. PRAC. & REM. CODE §§ 6.001 and 104.006.
4. This appeal is taken to the Fifteenth Court of Appeals, sitting at Austin, Texas, and is an accelerated appeal pursuant to Rule 28.1, Texas Rules of Appellate Procedure.
5. The name of the party filing this notice is as follows: The Board of Regents of the Texas A&M University System.
6. The Texas Civil Practice and Remedies Code entitles Defendant to take an interlocutory appeal from the Order denying its plea to the jurisdiction. TEX. CIV. PRAC. & REM. CODE § 51.014(a)(8) (“A person may appeal from an interlocutory order of a district court . . . that . . .
Defendant’s Notice of Appeal Page 1 denies a plea to the jurisdiction by a governmental unit[.]”). Defendant now exercises its right to seek an accelerated appeal to the Fifteenth Court of Appeals in Austin, Texas. TEX. R. APP. P. 28.1 (“Appeals from interlocutory orders (when allowed by statute) . . . are accelerated appeals.”).
7. Defendant notifies this Court that, upon the filing of this Notice of Appeal, all proceedings in the trial court are automatically stayed pending resolution of the appeal. See TEX. CIV. PRAC. & REM. CODE §§ 51.014(b)-(c).
Defendant’s Notice of Appeal Page 2 Respectfully submitted.
KEN PAXTON Attorney General of Texas 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/ William H. Farrell WILLIAM H. FARRELL Assistant Attorney General Texas Bar No. 0079531 [email protected] Office of the Attorney General General Litigation Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Phone: (512) 936-2650 Fax: (512) 320-0667 COUNSEL FOR DEFENDANTS CERTIFICATE OF SERVICE I hereby certify that on April 16, 2025, a true and correct copy of the foregoing Defendant’s Notice of Appeal was served on all counsel of record via e-mail.
/s/ William H. Farrell____ WILLIAM H. FARRELL Assistant Attorney General
Defendant’s Notice of Appeal Page 3 Received & Filed 4/8/2025 9:53 AM Gabriel Garcia, District Clerk Brazos County, Texas Cereena Grimes Envelope# - 99394729
Cause No. 20-002171-CV-272 EXHIBIT BE&K BUILDING GROUP, LLC IN THE DISTRICT OF A Plaintiff, v. BRAZOS COUNTY TEXAS THE BOARD OF REGENTS OF TEXAS A&M UNIVERSITY SYSTEM, 272ND JUDICIAL DISTRICT Defendant.
ORDER
Pending before the Court is Defendant The Board Of Regents of the Texas A&M University System’s Plea to the Jurisdiction. The Court has reviewed the Defendant’s Plea to the Jurisdiction, BE&K Building Group LLC’s Opposition to the Defendant’s Plea to the Jurisdiction, the Defendant’s Reply, BE&K Building Group LLC’s Objections and Motion to Strike the Affidavit of Calvin Boydstun, 1 and the parties’ additional filings concerning the Defendant’s Plea to the Jurisdiction and the Plaintiff’s opposition to the Defendant’s Plea to the Jurisdiction. The Court also conducted a hearing where the parties orally argued and had the opportunity to present their positions to the Court. After considering all of the foregoing and all of the evidence that is properly before the Court, the Court is of the opinion that Defendant’s Plea to the Jurisdiction should be DENIED. It is therefore ORDERED that Defendant The Board Of Regents of the Texas A&M University System’s Plea to the Jurisdiction is DENIED.
Signed on this ______ 9th day of ___________, April 2025 _________________________________ JUDGE PRESIDING
The Court is, by separate order, issuing rulings on BE&K Building Group LLC’s Objections and Motion to Strike the Affidavit of Calvin Boydstun. The Court’s ruling on Defendant’s Plea to the Jurisdiction would be the same regardless of whether the Court sustained or overruled any of the objections presented by BE&K Building Group to that affidavit.
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.
Frank Domino Bar No. 24038864 [email protected] Envelope ID: 99394729 Filing Code Description: Proposed Order Filing Description: on Defendant Plea to Jurisdiction Status as of 4/8/2025 12:21 PM CST Associated Case Party: The Board of Regents of The Texas A & M University System Name BarNumber Email TimestampSubmitted Status Nicole A.Myette [email protected] 4/8/2025 9:53:27 AM SENT William Farrell [email protected] 4/8/2025 9:53:27 AM SENT William SumnerMacdaniel [email protected] 4/8/2025 9:53:27 AM ERROR Reuben Blum [email protected] 4/8/2025 9:53:27 AM ERROR
Associated Case Party: BE&K Building Group, LLC Name BarNumber Email TimestampSubmitted Status Thomas Crist [email protected] 4/8/2025 9:53:27 AM SENT Frank Domino [email protected] 4/8/2025 9:53:27 AM SENT Becky Kaloczi [email protected] 4/8/2025 9:53:27 AM SENT Jonathon Korinko [email protected] 4/8/2025 9:53:27 AM SENT
Case Contacts Name BarNumber Email TimestampSubmitted Status Hollie Ross [email protected] 4/8/2025 9:53:27 AM SENT Alyssa Bixby-Lawson [email protected] 4/8/2025 9:53:27 AM SENT Andrea Fratus [email protected] 4/8/2025 9:53:27 AM SENT B. RobinBurt [email protected] 4/8/2025 9:53:27 AM ERROR 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.
Nicole Myette on behalf of William Farrell Bar No. 796531 [email protected] Envelope ID: 99736231 Filing Code Description: Notice Filing Description: Notice of Appeal and Ex A Status as of 4/16/2025 1:48 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Hollie Ross [email protected] 4/16/2025 11:16:20 AM SENT Alyssa Bixby-Lawson [email protected] 4/16/2025 11:16:20 AM SENT Andrea Fratus [email protected] 4/16/2025 11:16:20 AM SENT B. RobinBurt [email protected] 4/16/2025 11:16:20 AM ERROR
Associated Case Party: BE&K Building Group, LLC Name BarNumber Email TimestampSubmitted Status Thomas Crist [email protected] 4/16/2025 11:16:20 AM SENT Frank Domino [email protected] 4/16/2025 11:16:20 AM SENT Becky Kaloczi [email protected] 4/16/2025 11:16:20 AM SENT Jonathon Korinko [email protected] 4/16/2025 11:16:20 AM SENT
Associated Case Party: The Board of Regents of The Texas A & M University System Name BarNumber Email TimestampSubmitted Status Nicole A.Myette [email protected] 4/16/2025 11:16:20 AM SENT William Farrell [email protected] 4/16/2025 11:16:20 AM SENT Reuben Blum [email protected] 4/16/2025 11:16:20 AM ERROR William SumnerMacdaniel [email protected] 4/16/2025 11:16:20 AM ERROR Received & Filed 4/8/2025 9:53 AM Gabriel Garcia, District Clerk Brazos County, Texas Cereena Grimes Envelope# - 99394729
Cause No. 20-002171-CV-272 BE&K BUILDING GROUP, LLC IN THE DISTRICT OF Plaintiff, v. BRAZOS COUNTY TEXAS THE BOARD OF REGENTS OF TEXAS A&M UNIVERSITY SYSTEM, 272ND JUDICIAL DISTRICT Defendant.
ORDER
Pending before the Court is Defendant The Board Of Regents of the Texas A&M University System’s Plea to the Jurisdiction. The Court has reviewed the Defendant’s Plea to the Jurisdiction, BE&K Building Group LLC’s Opposition to the Defendant’s Plea to the Jurisdiction, the Defendant’s Reply, BE&K Building Group LLC’s Objections and Motion to Strike the Affidavit of Calvin Boydstun, 1 and the parties’ additional filings concerning the Defendant’s Plea to the Jurisdiction and the Plaintiff’s opposition to the Defendant’s Plea to the Jurisdiction. The Court also conducted a hearing where the parties orally argued and had the opportunity to present their positions to the Court. After considering all of the foregoing and all of the evidence that is properly before the Court, the Court is of the opinion that Defendant’s Plea to the Jurisdiction should be DENIED. It is therefore ORDERED that Defendant The Board Of Regents of the Texas A&M University System’s Plea to the Jurisdiction is DENIED.
Signed on this ______ 9th day of ___________, April 2025 _________________________________ JUDGE PRESIDING
The Court is, by separate order, issuing rulings on BE&K Building Group LLC’s Objections and Motion to Strike the Affidavit of Calvin Boydstun. The Court’s ruling on Defendant’s Plea to the Jurisdiction would be the same regardless of whether the Court sustained or overruled any of the objections presented by BE&K Building Group to that affidavit.
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.
Frank Domino Bar No. 24038864 [email protected] Envelope ID: 99394729 Filing Code Description: Proposed Order Filing Description: on Defendant Plea to Jurisdiction Status as of 4/8/2025 12:21 PM CST Associated Case Party: The Board of Regents of The Texas A & M University System Name BarNumber Email TimestampSubmitted Status Nicole A.Myette [email protected] 4/8/2025 9:53:27 AM SENT William Farrell [email protected] 4/8/2025 9:53:27 AM SENT William SumnerMacdaniel [email protected] 4/8/2025 9:53:27 AM ERROR Reuben Blum [email protected] 4/8/2025 9:53:27 AM ERROR
Associated Case Party: BE&K Building Group, LLC Name BarNumber Email TimestampSubmitted Status Thomas Crist [email protected] 4/8/2025 9:53:27 AM SENT Frank Domino [email protected] 4/8/2025 9:53:27 AM SENT Becky Kaloczi [email protected] 4/8/2025 9:53:27 AM SENT Jonathon Korinko [email protected] 4/8/2025 9:53:27 AM SENT
Case Contacts Name BarNumber Email TimestampSubmitted Status Hollie Ross [email protected] 4/8/2025 9:53:27 AM SENT Alyssa Bixby-Lawson [email protected] 4/8/2025 9:53:27 AM SENT Andrea Fratus [email protected] 4/8/2025 9:53:27 AM SENT B. RobinBurt [email protected] 4/8/2025 9:53:27 AM ERROR E. 26th St., Suite 1200 Brazos County Bryan TX 77803 (979) 361-4230 (979) 361-0197 fax GABRIEL GARCIA District Clerk
April 21, 2025 Tenth Court of Appeals McLennan County Courthouse Washington Ave., Room 415 Waco, TX 76701-1327 Re: Cause No. 20-002171-CV-272
Dear Sir or Madam: Please be advised that the above styled and numbered cause is presently on appeal in Brazos County, Texas. The records of this office reflect that notice of appeal was given on 04/16/2025. This case has been assigned to the 10th Court of Appeals and will be transmitted to that court as soon as the record on appeal has been approved. Any questions concerning extensions of time should be directed to the assigned Court of Appeals.
Sincerely,
Gabriel Garcia/J.M.
District Clerk Brazos County, Texas cc: WILLIAM H. FARRELL VIA EMAIL THOMAS O. CRIST VIA EMAIL APPELLATE NO.____________________ (To be filled in by COA) TRIAL COURT NO. 20-002171-CV-272 BE&K BUILDING GROUP, LLC X IN THE 272ND DISTRICT COURT VS. X OF THE BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEM X BRAZOS COUNTY, TEXAS
CASE TYPE: Contract - Other JUDGMENT OR APPEALABLE ORDER SIGNED: ORDER DENYING TEXAS A&M’S PLEA TO THE JURISDICTION – SIGNED APRIL 9TH, 2025 MOTION FOR NEW TRIAL: N/A NOTICE OF APPEAL FILED: 04/16/2025 REQUEST FOR FINDINGS OF FACT: N/A DATE REQUEST FOR REPORTER’S RECORD FILED: 04/16/25 PRESIDING TRIAL COURT JUDGE: JOHN BRICK TRIAL COURT REPORTER(S): KAETHERYNE KYRIELL WAS THE APPELLANT DECLARED INDIGENT? : NO
APELLANT’S COUNSEL IS: Retained APELLANT’S ATTORNEY: WILLIAM FARRELL SBN: 0079531 Office of the Attorney General PO Box 12548, Capital Station Austin, Texas 78711 P: 512-936-2650 F: 512-320-0667 THOMAS CRIST SBN: 24119645 APPELLEE’S ATTORNEY: 200 Public Square, Suite 2300 Cleveland, OH 44114 P: 216-363-4500 F: 216-363-4588 I I Filed on this the 21st day of April, 2025.
GABRIEL GARCIA, DISTRICT CLERK BRAZOS COUNTY, TEXAS Q~ -BY:__________________________ DEPUTYr1· CLERK cJ
Case-law data current through December 31, 2025. Source: CourtListener bulk data.