ACCEPTED 15-25-00040-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 5/5/2025 2:39 PM NO. 15-25-00040-CV CHRISTOPHER A. PRINE CLERK FILED IN 15th COURT OF APPEALS AUSTIN, TEXAS IN THE COURT OF APPEALS FOR THE FIFTEENTH DISTRICT OF TEXAS 5/5/2025 2:39:47 PM AUSTIN, TEXAS CHRISTOPHER A. PRINE Clerk

DISRAELI ARNOLD (ON BEHALF OF FATHER CURTIS ARNOLD, JUNIOR AND DAUGHTER FAITH ARNOLD OF THE DECEASED), Appellants, V.

SHERIFF MIKE GRIFFIS, ECTOR COUNTY SHERIFF’S OFFICE, NURSE ROBIN MCCULLOUGH AND NURSE SHELLY JAMES, Appellees.

ON APPEAL FROM THE 70TH JUDICIAL DISTRICT COURT OF ECTOR COUNTY, TEXAS – CAUSE NO. A24101194CV-A

MOTION TO DISMISS FOR LACK OF JURISDICTION TO THE HONORABLE FIFTEENTH COURT OF APPEALS: Appellees Sheriff Mike Griffis, Ector County Sheriff’s Office, Nurse Robin McCullough, and Nurse Shelly James (“Appellees”) file this Motion to Dismiss for Lack of Jurisdiction.

1. Appellants filed this suit against Appellees, and others, alleging a cause of action under the Texas Tort Claims Act (which is a proceeding brought under Chapter 101 of the Civil Practice and Remedies Code), and a suit for personal injury or wrongful death. See Appellants’ Docketing Statement.

2. On March 31, 2025, the trial court entered its “Order on Ector County Defendants’ Plea to the Jurisdiction and Motion for Summary Judgment.”

3. Thereafter, on April 4, 2025, Appellants filed a notice of interlocutory appeal to the Fifteenth Court of Appeals.

4. In this Court’s letter to the parties dated April 8, 2025, the Court noted that the Fifteenth Court has intermediate appellate jurisdiction of “certain appeals as defined in Section 22.220(d) of the Texas Government Code.” However, Section 22.220(d) expressly excludes from the Court’s jurisdiction proceedings “brought under Chapter 101, Civil Practice and Remedies Code” and claims “for personal injury or wrongful death.” See Tex. Gov’t Code § 22.220(d)(1) (G) and (H).

Therefore, this appeal is not subject to this Court’s jurisdiction.

5. In its April 8 letter, the Court requested “that the parties confer and advise this Court by motion if [they] believe [the] appeal is not subject to this Court’s jurisdiction.” The parties have conferred and agreed this this Court lacks jurisdiction and this appeal was inappropriately filed in this Court. See Kelly v. Homminga, 706 S.W.3d 829, 833 (Tex. 2025).

6. Appellees request that this appeal be dismissed.

7. Alternatively, Appellants have advised counsel that they intend to file a motion to transfer to the Eleventh Court of Appeals in Eastland, Texas pursuant to Tex. R. Civ. P. 27. Appellees have no objection to a transfer to that Court.

WHEREFORE, Appellees request the Court to dismiss this appeal for lack of jurisdiction, awarding Appellees costs of court and such other and further relief to which they may be entitled.

Respectfully submitted, /s/ Steven C. Kiser Steven C. Kiser State Bar No. 11538550 [email protected] Randall L. Rouse State Bar No. 17324300 [email protected] Lynch, Chappell & Alsup, P. C.

300 North Marienfeld, Suite 700 Midland, Texas 79701 (432) 683-3351 (432) 683-2587 Fax Attorneys for Appellees Certificate of Service I hereby certify that on this 5th day of May 2023, the foregoing motion was served upon Appellant ([email protected]) pursuant to Tex. R. Civ. P. 21a and was electronically filed with the Clerk of the Court via the Court’s electronic filing system.

/s/ Steven C. Kiser Steven C. Kiser 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.

Steven Kiser on behalf of Steven Kiser Bar No. 11538550 [email protected] Envelope ID: 100447821 Filing Code Description: Motion Filing Description: Motion to Dismiss Status as of 5/5/2025 2:50 PM CST Associated Case Party: ShellyJames Name BarNumber Email TimestampSubmitted Status Steven Kiser 11538550 [email protected] 5/5/2025 2:39:47 PM SENT Randall Rouse 17324300 [email protected] 5/5/2025 2:39:47 PM SENT Veronica Armendariz [email protected] 5/5/2025 2:39:47 PM SENT

Associated Case Party: Disraeli Arnold Name BarNumber Email TimestampSubmitted Status Disraeli Arnold [email protected] 5/5/2025 2:39:47 PM SENT