City of Kyle, Texas v. the State of Texas, Ex Rel. 1200 S. Old Stagecoach Road, LLC

Opinion

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

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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

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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)

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and

Kelly Higgins State Bar No. 24028949 kelly.higgins@co.hays.tx.us CRIMINAL DISTRICT ATTORNEY HAYS COUNTY, TEXAS Hays Government Center, Suite 2057 712 S. Stagecoach Trail San Marcos, Texas 78666 Telephone: (512) 393-7600 Facsimile: (512) 393-7619

ATTORNEYS FOR APPELLEE

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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.

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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 john@earl-law.com DAVID L. EARL State Bar No. 06343030 dearl@earl-law.com 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)

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and

Kelly Higgins State Bar No. 24028949 kelly.higgins@co.hays.tx.us CRIMINAL DISTRICT ATTORNEY HAYS COUNTY, TEXAS Hays Government Center, Suite 2057 712 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

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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 lfdenton@rampagelaw.com PATRICK C. BERNAL State Bar No. 02208750 pbernal@rampagelaw.com 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 111 E. San Antonio St., Room 202 San Marcos, Texas 78666 ATTORNEYS FOR HAYS COUNTY, TEXAS

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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 dearl@earl-law.com 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 megan@earl-law.com 11/10/2025 12:30:00 PM SENT

David Earl 6343030 dearl@earl-law.com 11/10/2025 12:30:00 PM SENT

Mark Kennedy 24032498 MKennedy@seguintexas.gov 11/10/2025 12:30:00 PM SENT

Jordan Powell 24087391 jordan.powell@hayscountytx.gov 11/10/2025 12:30:00 PM SENT

Shawn Cowles 24108813 shawn.cowles3@gmail.com 11/10/2025 12:30:00 PM SENT

Kelly Higgins 24028949 kelly.higgins@hayscountytx.gov 11/10/2025 12:30:00 PM SENT

Jeffrey Earl 24120214 jeff@earl-law.com 11/10/2025 12:30:00 PM SENT

Johnathan Earl 24127894 john@earl-law.com 11/10/2025 12:30:00 PM SENT

Lowell Denton 5764700 lfdenton@rampagelaw.com 11/10/2025 12:30:00 PM SENT

Patrick Bernal 2208750 pbernal@rampagelaw.com 11/10/2025 12:30:00 PM SENT