ACCEPTED 15-24-00011-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 11/10/2025 12:30 PM CASE NO. 15-24-00011-CV CHRISTOPHER A. PRINE CLERK *** FILED IN 15th COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE FIFTEENTH JUDICIAL DISTRICT 11/10/2025 12:30:00 PM AUSTIN, TEXAS CHRISTOPHER A. PRINE Clerk *** CITY OF KYLE, TEXAS Appellant/Defendant v. THE STATE OF TEXAS, EX REL. 1200 S. OLD STAGECOACH ROAD, LLC Appellee/Plaintiff

On Appeal from the 207th Judicial District Court of Hays County, Texas Trial Court Cause No. 22-0873 Honorable Sherri K. Tibbe, Presiding Judge

UNOPPOSED MOTION TO EXPEDITE ISSUANCE OF MANDATE

THE STATE OF TEXAS, ex rel.

1200 S. OLD STAGECOACH ROAD, LLC JOHNATHAN L. EARL State Bar No. 24127894 DAVID L. EARL State Bar No. 06343030 AS SPECIAL ASST.

CRIMINAL DISTRICT ATTORNEYS HAYS COUNTY, TEXAS 10007 Huebner Rd., Suite 303 San Antonio, Texas 78240 (210) 868-6500 (Telephone) (210) 405-5228 (Facsimile) and Kelly Higgins State Bar No. 24028949 [email protected] CRIMINAL DISTRICT ATTORNEY HAYS COUNTY, TEXAS Hays Government Center, Suite 2057 S. Stagecoach Trail San Marcos, Texas 78666 Telephone: (512) 393-7600 Facsimile: (512) 393-7619 ATTORNEYS FOR APPELLEE

MAY IT PLEASE THE COURT: Now comes Appellee, THE STATE OF TEXAS, ex rel. 1200 S. OLD STAGECOACH ROAD, LLC (“Appellee”), and files this Unopposed Motion to Expedite Issuance of Mandate ("Unopposed Motion") requesting that issuance of the mandate in this cause be expedited pursuant to TEX. R. APP. P. 18.1(c). In support thereof, Appellee would respectfully show unto the Court as follows: 1. On October 30, 2025, this Court issued its memorandum opinion and rendered its judgment in the above-numbered and styled cause. Specifically, this Court ordered, inter alia, that the trial court's order below was affirmed in part, reversed in part, and rendered judgment that Appellee's claims, with the exception of its claim for attorney's fees under the Uniform Declaratory Judgments Act, be dismissed for want of jurisdiction.

2. Due to this cause stemming from an accelerated appeal of the trial court's interlocutory order, the Court's judgement "takes effect when the mandate is issued[,]" which may be issued with the Court's "judgment or delay[ed] . . . until the appeal is finally disposed of." TEX. R. APP. P. 18.6. The mandate was not issued contemporaneously with the Court's judgment.

3. Generally, the mandate issues ten (10) days after the time has expired for filing a motion for rehearing of denial, refusal, or dismissal of a petition for review, or a refusal or dismissal of a petition for discretionary review. See TEX. R.

APP. P. 18.1(a). However, "[t]he mandate may be issued earlier if the parties so agree . . . ." TEX. R. APP. P. 18.1(c).

4. The undersigned counsel for Appellee has conferred with counsel for Appellant by email correspondence and confirmed that Appellant is unopposed to Appellee's request for expedited issuance of the mandate in this cause pursuant to TEX. R. APP. P. 18.1(c), which is evidenced by the filing of this Unopposed Motion.

WHEREFORE, PREMISES CONSIDERED, Appellee respectfully requests that the Court grant this Unopposed Motion and expedite issuance of the mandate and remand the case to the trial court below for further proceedings consistent with this Court's judgment rendered on October 30, 2025, in this above-numbered and styled cause.

Respectfully submitted,

By: ________________________ JOHNATHAN L. EARL State Bar No. 24127894 [email protected] DAVID L. EARL State Bar No. 06343030 [email protected] AS SPECIAL ASST.

CRIMINAL DISTRICT ATTORNEYS HAYS COUNTY, TEXAS 10007 Huebner Rd., Suite 303 San Antonio, Texas 78240 (210) 868-6500 (Telephone) (210) 405-5228 (Facsimile) and Kelly Higgins State Bar No. 24028949 [email protected] CRIMINAL DISTRICT ATTORNEY HAYS COUNTY, TEXAS Hays Government Center, Suite 2057 S. Stagecoach Trail San Marcos, Texas 78666 Telephone: (512) 393-7600 Fax: (512) 393-7619 ATTORNEYS FOR APPELLEE, THE STATE OF TEXAS, ex rel.

1200 S. OLD STAGECOACH ROAD, LLC

CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing document has been served upon the below named individuals as indicated and according to the Texas Rules of Appellate Procedure and/or via electronic filing and service on this the 10th day of November, 2025.

Via Electronic Filing and Service LOWELL F. DENTON State Bar No. 05764700 [email protected] PATRICK C. BERNAL State Bar No. 02208750 [email protected] DENTON, NAVARRO, ROCHA, BERNAL & ZECH, P.C.

2500 W. Williams Cannon Dr., Suite 609 Austin, Texas 78745 (512) 279-6431 (Telephone) (512) 279-6438 (Facsimile) ATTORNEYS FOR APPELLANT CITY OF KYLE, TEXAS Mark D. Kennedy Jordan M. Powell HAYS COUNTY OFFICE OF GENERAL COUNSEL E. San Antonio St., Room 202 San Marcos, Texas 78666 ATTORNEYS FOR HAYS COUNTY, TEXAS ____________________ JOHNATHAN L. EARL Attorney for Appellee

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.

David Earl on behalf of David Earl Bar No. 06343030 [email protected] Envelope ID: 107861629 Filing Code Description: Motion Filing Description: Motion Status as of 11/10/2025 2:10 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Megan Earl 24077729 [email protected] 11/10/2025 12:30:00 PM SENT David Earl 6343030 [email protected] 11/10/2025 12:30:00 PM SENT Mark Kennedy 24032498 [email protected] 11/10/2025 12:30:00 PM SENT Jordan Powell 24087391 [email protected] 11/10/2025 12:30:00 PM SENT Shawn Cowles 24108813 [email protected] 11/10/2025 12:30:00 PM SENT Kelly Higgins 24028949 [email protected] 11/10/2025 12:30:00 PM SENT Jeffrey Earl 24120214 [email protected] 11/10/2025 12:30:00 PM SENT Johnathan Earl 24127894 [email protected] 11/10/2025 12:30:00 PM SENT Lowell Denton 5764700 [email protected] 11/10/2025 12:30:00 PM SENT Patrick Bernal 2208750 [email protected] 11/10/2025 12:30:00 PM SENT