State of Texas, Acting by and Through the Texas Facilities Commission, for and on Behalf of the Texas Health and Human Services Commission; The Texas Facilities Commission; Mike Novak, in His Official Capacity as Executive Director of the Texas Facilities Commission; The Texas Health and Human Services Commission; And Rolland Niles in His Official Capacity as Deputy Executive Commissioner for the System Support Services Division of the Texas Health and Human Services Commission v. 8317 Cross Park, LLC

• Court: Court of Appeals of Texas
• Decided: February 5, 2025
• Docket: 15-25-00012-CV
• Status: Published

Opinion

15-25-00012-CV

D-1-GN-23-006445 TRIAL COURT CASE NO. _________________

§ IN THE DISTRICT COURT FILED IN § 15th COURT OF APPEALS § TRAVIS COUNTY, ________ AUSTIN, TEXAS TEXAS § 2/5/2025 1:24:43 PM § JUDICIAL DISTRICT CHRISTOPHER A. PRINE Clerk DISTRICT CLERK’S INFORMATION SHEET THE FOLLOWING INFORMATION HAS BEEN COMPILED BY THE DISTRICT CLERKS OFFICE:

Date of order appealed: 01/17/2025 Type of Order (Interlocutory or Final) INTERLOCUTORY Date Motion for New Trial Filed: NONE Request for Findings of Fact and Conclusions of Law filed: NONE Date Notice of Appeal Filed: 01/23/2025 Name of judge who entered judgment: LAURIE EISERLOH Name of court reporter: JACKLYN GONZALEZ Address of court reporter: 1700 GUADALUPE, AUSTIN, TX 78701 Name of attorney on appeal: ALYSSA BIXBY-LAWSON SB#: 24122680 Attorney Address: P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Alyssa.Bixby-Lawson@oag.texas.gov Attorney E-Mail Address: __________________________________________________ Attorney on appeal (check applicable box): ✔ appointed retained Pro Se ROY KEMP KASLING 11104800 Name of Appellee’s Attorney:___________________________________SB#________________ 5511 PARKCREST DRIVE SUITE 110, AUSTIN, TX 78731 Attorney Address:_________________________________________________________ KKASLING@Kaslinglaw.com Attorney E-Mail Address:___________________________________________________

Send Information Sheet, Notice of Appeal and Motion for New Trial (if filed) to: Third Court of Appeals (E-Mail Copy in PDF format to: 3rdClerksAndReporters@txcourts.gov) Court Reporter: ______E-Mail _______Hand Delivery _______Mail

On By: (clerk’s initials) 1/23/2025 12:05 PM Velva L. Price District Clerk Travis County CAUSE NO. D-1-GN-23-006445 D-1-GN-23-006445 Rosa Oneal

8317 CROSS PARK, LLC § IN THE DISTRICT COURT § Plaintiff, § § v. § § STATE OF TEXAS, acting by and § through the Texas Facilities § Commission, for and on behalf of § the Texas Health and Human § Services Commission; THE TEXAS § FACILITIES COMMISSION; MIKE § TRAVIS COUNTY, TEXAS NOVAK, in his Official Capacity § as Executive Director of the Texas § Facilities Commission; THE § TEXAS HEALTH AND HUMAN § SERVICES COMMISSION; and § CECILE ERWIN YOUNG, in her § Official Capacity as Executive § Commissioner of the Texas Health § and Human Services Commission, § GLENN HEGAR, Texas § Comptroller of Public Accounts; § 98TH JUDICIAL DISTRICT and ROLLAND NILES in his § Official Capacity as Deputy § Executive Commissioner for the § System Support Services division § of the Texas Health and Human § Services Commission, § § Defendants. §

DEFENDANTS STATE OF TEXAS, THE TEXAS FACILITIES COMMISSION, MIKE NOVAK, THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION, AND ROLLAND NILES’S NOTICE OF ACCELERATED INTERLOCUTORY APPEAL AND AUTOMATIC STAY Pursuant to Texas Rules of Appellate Procedure 25.1(a) and 26.1(b),

Defendants, the State of Texas, the Texas Facilities Commission, the Texas Health

and Human Services Commission, Mike Novak, in his Official capacity as Executive

Director of the TFC, and Rolland Niles, in his Official Capacity as Deputy Executive

Commissioner for the System Support Services division of HHSC (collectively

“Defendants”), gives notice of an appeal of the Court’s order of January 17, 2025. Said

order granted-in-part and denied-in-part Defendants’ Amended Plea to the

Jurisdiction to Second Amended Petition.1

Defendants are entitled to an interlocutory appeal pursuant to Civil Practice

and Remedies Code section 51.014(a)(8), which allows for an immediate appeal from

an order that denies a plea to the jurisdiction. Defendants appeal to the Fifteenth

Court of Appeals. This is an accelerated appeal as provided by Texas Rule of Appellate

Procedure 28.1. This is not a parental termination or child protection case, as defined

by Rule 28.4.

Pursuant to Texas Civil Practice and Remedies Code 51.014(b), all further

proceedings in this court are stayed pending resolution of Defendants’ appeal.

Pursuant to section 6.001, as governmental entities and officers, Defendants are not

required to file a supersedeas bond for court costs. Defendants’ appeal is therefore

perfected upon the filing of the notice of appeal.

1 All claims were dismissed against Defendants Cecile Erwin Young, in her Official

Capacity as Executive Commissioner of the HHSC, and Glenn Hegar, Texas Comptroller of Public Accounts, and they do not appeal. 2 Respectfully submitted,

KEN PAXTON Attorney General of Texas

BRENT WEBSTER First Assistant Attorney General

RALPH MOLINA Deputy First Assistant Attorney General

JAMES LLOYD Deputy Attorney General for Civil Litigation

KIMBERLY GDULA Division Chief, General Litigation Division

/s/ Alyssa Bixby-Lawson ALYSSA BIXBY-LAWSON Attorney-in-Charge Texas Bar No. 24122680 Assistant Attorney General General Litigation Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 (210) 270-1118 | FAX: (512) 320-0667 Alyssa.Bixby-Lawson@oag.texas.gov

Counsel for Defendants, State of Texas, the Texas Facilities Commission, the Texas Health and Human Services Commission, Mike Novak, in his Official capacity as Executive Director of the TFC, and Rolland Niles, in his Official Capacity as Deputy Executive Commissioner for the System Support Services division of HHSC

3 CERTIFICATE OF SERVICE

I certify that on January 23, 2025, the foregoing Defendants, State of Texas, the Texas Facilities Commission, Mike Novak, the Texas Health and Human Services Commission, and Rolland Niles’s, Notice of Accelerated Interlocutory Appeal and Automatic Stay was filed with the Clerk of this Court and served on the following parties of record via EFileTexas.gov efiling service.

R. Kemp Kasling LAW OFFICES OF R. KEMP KASLING 5511 Parkcrest Drive, Suite 110 Austin, Texas 78731 kkasling@khdalaw.com

Counsel for Plaintiff

/s/ Alyssa Bixby-Lawson ALYSSA BIXBY-LAWSON Assistant Attorney General

4 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.

Victoria Gomez on behalf of Alyssa Bixby-Lawson Bar No. 24122680 victoria.gomez@oag.texas.gov Envelope ID: 96521374 Filing Code Description: Notice of Appeal Filing Description: DEFENDANTS STATE OF TEXAS, THE TEXAS FACILITIES COMMISSION, MIKE NOVAK, THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION, AND ROLLAND NILES’S NOTICE OF ACCELERATED INTERLOCUTORY APPEAL AND AUTOMATIC STAY Status as of 1/24/2025 8:56 AM CST

Associated Case Party: 8317 CROSS PARK, LLC

Name BarNumber Email TimestampSubmitted Status

Kemp Kasling kkasling@kaslinglaw.com 1/23/2025 12:05:07 PM SENT

Associated Case Party: STATE OF TEXAS

Alyssa Bixby-Lawson 24122680 alyssa.bixby-lawson@oag.texas.gov 1/23/2025 12:05:07 PM SENT

Victoria Gomez victoria.gomez@oag.texas.gov 1/23/2025 12:05:07 PM SENT

Case Contacts

Sara W.Clark sclark@scottdoug.com 1/23/2025 12:05:07 PM SENT

Elena Bendea Elena.Bendea@cpa.texas.gov 1/23/2025 12:05:07 PM SENT

Jennie H.Hilbig hennie.hilbig@oag.texas.gov 1/23/2025 12:05:07 PM ERROR 01/21/2025 07:57:16 AM Velva L. Price District Clerk Travis County D-1-GN-23-006445

CAUSE NO. D-1-GN-23-006445

8317 CROSS PARK, LLC, § IN THE DISTRICT COURT § Plaintiff § § Vv. § § STATE OF TEXAS, acting by and through the § Texas Facilities Commission, for and on behalf § of the Texas Health and Human Services § Commission; THE TEXAS FACILITIES § COMMISSION; MIKE NOVAK, in his Official § Capacity as Executive Director of the Texas § Facilities Commission; THE TEXAS HEALTH § TRAVIS COUNTY, TEXAS AND HUMAN SERVICES COMMISSION; § CECILE ERWIN YOUNG, in her Official § Capacity as Executive Commissioner of the Texas Health and Human Services Commission; § GLENN HEGAR, Texas Comptroller; and § ROLLAND NILES, in his Official Capacity § As Deputy Executive Commissioner for the § System Support Services Division of the Texas § Health and Human Services Commission, § § Defendant § 98TH JJUDICIAL DISTRICT

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' AMENDED PLEA TO THE JURISDICTION TO SECOND AMENDED PETITION On this day, the Court considered Defendants' Amended Plea to the Jurisdiction to Second

Amended Petition (the "Plea"). After considering the Plea, Plaintiff's Response, Defendants'

Reply, the evidence presented, and the arguments of counsel, the Court finds that the Plea should

be and hereby is GRANTED as to: (i) Defendant CECILE ERWIN YOUNG in her Official

Capacity as Executive Commissioner of the Texas Health and Human Services Commission, and

(ii) GLENN HEGAR, Texas Comptroller of Public Accounts. In all other respects, the Plea should

be and hereby is DENIED.

4867-4763-0032 Signed this 17thday of January, 2025.

Honorable Laurie Eiserloh AGREED AS TO FORM:

R. Kemp Kasling Alyssa Bixby-Lawson R. Kemp Kasling Alyssa Bixby-Lawson Counsel for Plaintiff Counsel for Defendants

4867-4763-0032