Disraeli Arnold (On Behalf of Father Curtis Arnold, Junior and Daughter Faith Arnold of the Deceased) v. Sheriff Mike Griffis, Ector County Sheriff's Office, Nurse Robin McCullough and Nurse Shelly James

ACCEPTED 15-25-00040-CV FIFTEENTH COURT OF APPEALS CAUSE NO. AUSTIN, TEXAS 15-25-00040-CV 5/8/2025 4:44 PM CHRISTOPHER A. PRINE § CLERK § IN THE COURT OF FILED IN APPEALS Disraeli Arnold 15th COURT OF APPEALS § (On behalf of father Curtis AUSTIN, TEXAS § 5/8/2025 4:44:41 PM Arnold, Junior and daughter § CHRISTOPHER A. PRINE Faith Arnold of the Deceased) Clerk FIFTEENTH DISTRICT OF § Plaintiff, AUSTIN, TEXAS versus § Sheriff Mike Griffis § Ector County Sheriffs § Office § & § Nurse Robin McCullough § & § Nurse Shelly James § Defendants, PLAINTIFF'S RESPONSE TO MOTION TO DISMISS FOR LACK OF JURISDICTION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Plaintiff (Appellant) Disraeli Arnold, and files this following in response to Appellees' (Defendants)(Ector County Sheriffs Office, Nurse Robin McCullough, and Nurse Shelly James) "MOTION TO DISMISS FOR LACK OF JURISDICTION":

I. MOTION TO DISMISS SHOULD BE DENIED

A. Texas Rule of Appellant Procedure Rule 27a

1. On 5/2/2025, both parties and their representatives conferred and agreed that a transfer to the Eleventh District Court of Appeals would be the better venue for this appeal.

2. If such appeal is improper for the Fifteenth Court of Appeals; Texas Rule of Appellant Procedure (Tex. R. App. P) 27a provides lawful remedies and none involves a dismissal.

Response to Motion to Dismiss 5/8/2025 1/2 3. The Fifteenth Court of Appeals still has appellate jurisdiction "over civil cases appealed from every county" (706 S.W. 3d at 832). The correct disposition of such an appeal is not to dismiss it - because that would be proper only if the Court lacked appellate jurisdiction altogether - but instead to transfer it "to another court with concurrent jurisdiction." (706 S.W. 3d at 833).

II. PRAYER

1. WHEREFORE, I, Disraeli Arnold, prays that the Fifteenth District Court of Appeals deny all portions of Appellees' "MOTION TO DISMISS FOR LACK OF JURISDICTION" that request a dismissal;

2. I, Disraeli Arnold, prays the Fifteenth District Court of Appeals consider the Appellees' alternative motion, which they have no objection, for a transfer to the Eleventh Court of Appeals in Eastland, Texas.

Re~lly submitted,

Dated: May 8, 2025 Disraeli Arnold Phone#: 972-505-2911 Thousand Oaks Hurst, Texas 76054 Email: [email protected]

Response to Motion to Dismiss 5/8/2025 2/2 CERTIFICATE OF SERVICE I, Disraeli Arnold hereby certify that on the 8th day of May, 2025, I electronically served the foregoing using the Case Management/Electronic Case Files ( CM/ECF) system which will send notification of such filing to Defendants and all counsel of record.

Randall L. Rouse Lynch, Chappell & Alsup, P.C.

300 North Marienfeld, Suite 700 Midland, TX 79701 (432) 683-3351 [email protected] Counsel for Defendants Ector County Sheriff's Office, Mike Griffis, Shelly James, and Robin McCullough

J) ~ Disraeli Arnold 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.

Envelope ID: 100621602 Filing Code Description: Response Filing Description: Response to Motion to Dismiss for Lack of Jurisdiction Status as of 5/9/2025 7:02 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Steven Kiser 11538550 [email protected] 5/8/2025 4:44:41 PM SENT Randall Rouse 17324300 [email protected] 5/8/2025 4:44:41 PM SENT Disraeli Arnold [email protected] 5/8/2025 4:44:41 PM SENT Veronica Armendariz [email protected] 5/8/2025 4:44:41 PM SENT