Port Arthur Independent School District v. Dwight Wagner

ACCEPTED 09-25-00135-CV NINTH COURT OF APPEALS BEAUMONT, TEXAS 4/23/2025 4:57 PM CARLY LATIOLAIS CLERK CASE NO. 09-25-00135-CV FILED IN 9th COURT OF APPEALS IN THE COURT OF APPEALS BEAUMONT, TEXAS FOR THE NINTH DISTRICT OF TEXAS 4/23/2025 4:57:00 PM AT BEAUMONT CARLY LATIOLAIS Clerk

PORT ARTHUR INDEPENDENT SCHOOL DISTRICT, Appellant, vs. DWIGHT WAGNER, Appellee.

On Appeal from the 58th Judicial District Court of Jefferson County, Texas Trial Court Cause No. 24DCCV2154

APPELLANT’S UNOPPOSED MOTION TO TRANSFER PURSUANT TO TEX. R. APP. 27A COMES NOW Appellant Port Arthur Independent School District (“PAISD”) and files this unopposed Motion to Transfer pursuant to Texas Rule of Appellate Procedure 27a, requesting the transfer of this appeal from the Ninth Court of Appeals to the Fifteenth Court of Appeals. Tex. R. App. P. 27a.

This matter concerns an interlocutory appeal from the denial of PAISD’s Amended Plea to the Jurisdiction under Texas Civil Practice and Remedies Code § 51.014(a)(8). Tex. Civ. Prac. & Rem. Code §51.014(a)(8). While initially filed with the Ninth Court of Appeals, Plaintiff’s joinder of the Texas Commissioner of Education, Michael Morath, in Plaintiff’s First Amended Petition shifts the jurisdiction to the Fifteenth Court of Appeals. Pursuant to Texas Government Code § 22.220(d)(1), effective September 1, 2024, the Fifteenth Court of Appeals possesses exclusive intermediate appellate jurisdiction over matters involving an executive branch agency or officer, including the Texas Education Agency and its Commissioner. Tex. Gov’t Code § 22.220(d)(1) Thus, as the Texas Commissioner of Education is a party to the underlying litigation, jurisdiction properly lies with the Fifteenth Court of Appeals, making this transfer necessary.

Accordingly, Appellant respectfully requests this Court to transfer this appeal to the Fifteenth Court of Appeals, consistent with Tex. Gov’t Code § 22.220(d)(1) and Tex. R. App. 27a.

Prayer For the above reasons, Appellant prays that the Court transfer the matter to the Fifteenth Court of Appeals.

Respectfully submitted, By: /s/ Marivious Allen Marivious Allen State Bar No. 24126295 [email protected] Melody Carrier State Bar No. 00785096 [email protected] Carrier Law Group, P.C.

Telephone: (409) 833-1119 Facsimile: (409) 271-3690 Attorneys for Appellant, Port Arthur Independent School District CERTIFICATE OF CONFERENCE I hereby certify that on April 23, 2025, I conferred with Bradon Monk, counsel for Appellee, via e-mail regarding the subject matter of this motion. Plaintiff’s counsel has informed me that Plaintiff is not opposed to the relief requested in this motion.

CERTIFICATE OF SERVICE In accordance with the Texas Rules of Appellate Procedure, I hereby certify that a true and correct copy of the foregoing Motion to Transfer has been served on the following counsel of record via electronic service on this the 23rd day of April 2025.

BRANDON MONK State Bar No. 24048668 The Monk Law Firm 4875 Parker Drive Beaumont, Texas 77705 (409) 724-6665 (409) 729-6665 fax [email protected] Counsel for Plaintiff/Appellee SHERLYN HARPER State Bar No. 24093716 MAYA BAILEY State Bar No. 24132648 Assistant Attorney General Administrative Law Division OFFICE OF THE TEXAS ATTORNEY GENERAL Travis Street, #1520 Houston, Texas 77002 Telephone: (713) 225-8913 Facsimile: (512) 320-0167 [email protected] Counsel for Defendant, Michael Morath, Texas Commissioner of Education

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.

Marivious Allen on behalf of Marivious Allen Bar No. 24126295 [email protected] Envelope ID: 100011832 Filing Code Description: Motion Filing Description: Appellant's Unopposed Motion to Transfer Status as of 4/24/2025 7:53 AM CST Associated Case Party: Port Arthur Independent School District Name BarNumber Email TimestampSubmitted Status Melody Carrier [email protected] 4/23/2025 4:57:00 PM SENT Marivious Allen [email protected] 4/23/2025 4:57:00 PM SENT Tracie Bullock [email protected] 4/23/2025 4:57:00 PM SENT

Case Contacts Name BarNumber Email TimestampSubmitted Status Brandon Monk 24048668 [email protected] 4/23/2025 4:57:00 PM SENT

Associated Case Party: Michael Morath, Texas Commissioner of Education Name BarNumber Email TimestampSubmitted Status Sherlyn Harper 24093176 [email protected] 4/23/2025 4:57:00 PM SENT

Associated Case Party: Dwight Wagner Name BarNumber Email TimestampSubmitted Status Brandon Monk 24048668 [email protected] 4/23/2025 4:57:00 PM SENT