Texas Court of Appeals, 15th District, 2025

Robert Edward Battaile v. Texas Elections Division; Hon. Jane Nelson; Texas Secretary of State

Texas Court of Appeals, 15th District · Decided September 9, 2025

Opinion

ACCEPTED 15-25-00142-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 9/9/2025 11:50 AM CHRISTOPHER A. PRINE CLERK FILED IN 15th COURT OF APPEALS AUSTIN, TEXAS September 9, 2025 9/9/2025 11:50:21 AM CHRISTOPHER A. PRINE Clerk The Honorable 15th Court of Appeals Via E-Filing

Re: Robert Edward Battaile v. Texas Elections Division; Hon. Jane Nelson; Texas Secretary of State; Court of Appeals No. 15-25-00142-CV; Trial Court Case No. D-1-GN-25-000719 To the Honorable Court: Mr. Battaile filed suit against approximately forty-two defendants in connection with his loss in the City of Manor mayoral election. Among the named defendants was Texas Secretary of State Nelson, sued in her official capacity. Secretary Nelson filed a Plea to the Jurisdiction asserting jurisdictional arguments. On May 27, 2025, the trial court dismissed the case with prejudice.

Mr. Battaile filed his notice of appeal on July 7, 2025 (41 days later). “[A] party may appeal from certain interlocutory orders such as the denial of a governmental entity’s plea to the jurisdiction. But to do so, a notice of appeal must be filed within twenty days of the date the challenged order was signed.” TEX. R. APP. P. 26.1(b), 28.1(a); City of Houston v. Estate of Jones, 388 S.W.3d 663, 666 (Tex. 2012).

Thus, Mr. Battaile’s appeal is untimely, and this honorable Court should reject it.

Respectfully, /s/ Roy Adams ROY ADAMS Assistant Attorney General Telephone (737) 239-2099 Email: [email protected] Counsel for Sec. Nelson

P os t Offi ce Box 12548, Aus tin, Tex a s 7 8 7 1 1 - 2 5 4 8 • (5 1 2) 4 6 3 - 2 1 0 0 • www.t exas atto r neygene ral.gov 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.

Tristan Garza on behalf of Roy Adams Bar No. 24133175 [email protected] Envelope ID: 105380888 Filing Code Description: Letter Filing Description: Letter to the Court of Appeals regarding timeliness Status as of 9/9/2025 12:00 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Robert EdwardBattaile [email protected] 9/9/2025 11:50:21 AM SENT Roy Adams [email protected] 9/9/2025 11:50:21 AM SENT Tristan AGarza [email protected] 9/9/2025 11:50:21 AM SENT William Davidson 5447000 [email protected] 9/9/2025 11:50:21 AM SENT Michael Kabat 24050847 [email protected] 9/9/2025 11:50:21 AM SENT Gavin Villareal 24008211 [email protected] 9/9/2025 11:50:21 AM SENT Patrick Kelly 11228000 [email protected] 9/9/2025 11:50:21 AM SENT Michael Roberts 24082153 [email protected] 9/9/2025 11:50:21 AM SENT Kevin O'Hanlon 15235500 [email protected] 9/9/2025 11:50:21 AM SENT Tyler Ryska 24096597 [email protected] 9/9/2025 11:50:21 AM SENT Annette Bittick [email protected] 9/9/2025 11:50:21 AM SENT Patricia Muniz [email protected] 9/9/2025 11:50:21 AM SENT William Duncan 24124453 [email protected] 9/9/2025 11:50:21 AM SENT Raylynn Howell [email protected] 9/9/2025 11:50:21 AM SENT Kim McBride [email protected] 9/9/2025 11:50:21 AM SENT Lea Ohrstrom [email protected] 9/9/2025 11:50:21 AM SENT Sneed Vine &Perry [email protected] 9/9/2025 11:50:21 AM SENT Cynthia Veidt 24028092 [email protected] 9/9/2025 11:50:21 AM SENT Austin Jones 24116579 [email protected] 9/9/2025 11:50:21 AM SENT Stormy Downing [email protected] 9/9/2025 11:50:21 AM SENT Andy Soule [email protected] 9/9/2025 11:50:21 AM SENT Lauren Bush 24142742 [email protected] 9/9/2025 11:50:21 AM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.