La Villa Independent School District v. Dr. Paz Elizondo

• Court: Court of Appeals of Texas
• Decided: March 13, 2025
• Docket: 15-25-00024-CV
• Status: Published

Opinion

3/13/2025 11:04 AM Velva L. Price District Clerk Travis County CAUSE NO. D-1-GN-22-002025 D-1-GN-22-002025 Selina Hamilton

DR. PAZ ELIZONDO § IN THE DISTRICT COURT OF FILED IN Plaintiff § 15th COURT OF APPEALS § AUSTIN, TEXAS v. § 455 JUDICIAL TH DISTRICT 3/14/2025 8:26:39 AM § CHRISTOPHER A. PRINE MIKE MORATH, TEXAS § Clerk COMMISISSIONER OF EDUCATION § AND LA VILLA INDEPENDENT § SCHOOL DISTRICT § Defendants § TRAVIS COUNTY, TEXAS

DEFENDANT LA VILLA INDEPENDENT SCHOOL DISTRICT’S NOTICE OF APPEAL TO THE FIFTEENTH COURT OF APPEALS AND NOTICE OF ELECTION

Pursuant to Texas Rules of Appellate Procedure 25.1 and 34.5a, Defendant La Villa ISD

files this Notice of Appeal from the Second Amended Final Judgment signed by the Court on

February 12, 2025 and Notice of Election.

1. The trial court number and style of this case is Cause No. D-1-GN-22-002025,

Dr. Paz Elizondo v. Mike Morath, Texas Commissioner of Education and La Villa Independent

School District, in the 455th District Court in Travis County, Texas.

2. The order appealed from was signed on February 12, 2025 by the Honorable

Maya Guerra Gamble and is titled the Second Amended Final Judgment.

3. Defendant La Villa ISD desires to appeal to the Fifteenth Court of Appeals in

Austin, Texas because the Fifteenth Court has exclusive intermediate appellate jurisdiction over

this matter. Tex. Gov’t Code § 22.220(d)(1). 1

1 The parties previously appealed a prior order from the trial court, which was titled the First Amended Final Judgment. That appeal was docketed as Cause Number 03-23-00125-CV in the Third Court of Appeals. After the parties briefed the issues from the First Amended Final Judgment, the Third Court issued an order remanding the case because that it was unclear to the Third Court whether the First Amended Final Judgment was actually a final judgment in that it did not address Plaintiff’s declaratory judgment claim. Thus, the Third Court was uncertain as to whether the trial court intended to rule on the declaratory judgment claim. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 206 (Tex. 2001) (holding that if an “appellate court is uncertain about the intent of the order,” the 4. This is not an accelerated or restricted appeal.

5. Pursuant to Texas Rule of Appellate Procedure 25.1(f), Defendant La Villa ISD

respectfully requests that the trial court clerk send a copy of this notice of appeal to all relevant

individuals.

6. La Villa ISD does not intend to request a reporter’s record in this case.

7. Rule 34.5a Notice of Election. Pursuant to Texas Rule of Appellate

Procedure 34.5a, La Villa ISD provides notice that it will file an appendix that replaces the

clerk’s record for this appeal.

Respectfully submitted,

By: /s/ David Campbell

David Campbell Texas Bar No. 24057033 dcampbell@thompsonhorton.com THOMPSON & HORTON LLP 8300 N. MoPac Expressway, Suite 220 Austin, TX 78759 512-615-2350 Telephone 713-583-8884 Facsimile

Counsel for Defendant La Villa ISD

appellate court can remand for clarification). On remand, the trial court entered the Second Amended Final Judgment, which does address Plaintiff’s declaratory judgment claim. Accordingly, the Fifteenth Court has exclusive jurisdiction over this appeal. Tex. Gov’t Code § 22.220(d)(1).

2 CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document has been served on the individuals listed below on the 13th day of March, 2025.

Ruben R. Pena via e-filing State Bar No. 15740900 LAW OFFICES OF RUBEN R. PENA 222 W. Harrison, Suite B Harlingen, Texas 78550 ruben@rubenpenalaw.com Counsel for Plaintiff

Karen L. Watkins via e-filing Assistant Attorney General State Bar 20927425 OFFICE OF THE ATTORNEY GENERAL ADMINISTRATIVE LAW DIVISION P.O. Box 12548 Austin, Texas 78711-2548 karen.watkins@oag.texas.gov Counsel for Defendant Mike Morath, Texas Commissioner of Education

/s/ David Campbell David Campbell

3 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.

Kate French on behalf of David Campbell Bar No. 24057033 kfrench@thompsonhorton.com Envelope ID: 98415332 Filing Code Description: Notice of Appeal Filing Description: DEFENDANT LA VILLA INDEPENDENT SCHOOL DISTRICT’S NOTICE OF APPEAL TO THE FIFTEENTH COURT OF APPEALS AND NOTICE OF ELECTION Status as of 3/13/2025 4:27 PM CST

Associated Case Party: PAZ ELIZONDO

Name BarNumber Email TimestampSubmitted Status

Ruben Pena 15740900 ruben@rubenpenalaw.com 3/13/2025 11:04:33 AM SENT

Associated Case Party: MIKE MORATHTEXAS COMMISSIONER OF EDUCATION

Jeff Lutz jeff.lutz@oag.texas.gov 3/13/2025 11:04:33 AM SENT

Karen Watkins karen.watkins@oag.texas.gov 3/13/2025 11:04:33 AM SENT

Associated Case Party: LA VILLA INDEPENDENT SCHOOL DISTRICT

Kristy Alonzo kalonzo@thompsonhorton.com 3/13/2025 11:04:33 AM SENT

Eden Ramirez eramirez@808west.com 3/13/2025 11:04:33 AM SENT

David J.Campbell dcampbell@thompsonhorton.com 3/13/2025 11:04:33 AM SENT

Case Contacts

Kate French kfrench@thompsonhorton.com 3/13/2025 11:04:33 AM SENT