Tarleton State University v. Foundation for Individual Rights and Expression

Opinion

ACCEPTED 15-24-00057-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 3/11/2025 10:18 PM Case No. 15-24-00057-CV CHRISTOPHER A. PRINE CLERK COURT OF APPEALS FILED IN 15th COURT OF APPEALS FIFTEENTH DISTRICT OF TEXAS AUSTIN, TEXAS AUSTIN, TEXAS 3/11/2025 10:18:02 PM CHRISTOPHER A. PRINE Clerk

TARLETON STATE UNIVERSITY,

Appellant and Cross-Appellee,

v.

FOUNDATION FOR INDIVIDUAL RIGHTS AND EXPRESSION,

Appellee and Cross-Appellant.

APPELLEE/CROSS-APPELLANT’S OPPOSITION TO MOTION FOR LEAVE TO INTERVENE

JT MORRIS Tx Bar No. 2409444 FOUNDATION FOR INDIVIDUAL RIGHTS AND EXPRESSION 700 Pennsylvania Avenue, SE Suite 340 Washington, DC 20003 (215) 717-3473 jt.morris@thefire.org Counsel of Record for Foundation for Individual Rights and Expression The Court should deny the Motion for Leave to Intervene filed by

Wolfgang Hirczy de Mino in this Public Information Act matter. No rule

of the Texas Rules of Appellate Procedure permits a nonparty to

intervene on appeal, except under narrow circumstances not present.1

Hirczy de Mino acknowledges this, citing Texas Rule of Civil Procedure

60, which permits intervention at the trial court only. Movant’s Br. at 3.

But this matter is not before the trial court, Hirczy de Mino never

moved to intervene in the trial court, and “[i]ntervention filed after

judgment is rendered is barred as a matter of law.” Diaz v. Attorney

General of State of Tex., 827 S.W.2d 19, 22 (Tex. App.—Corpus Christi-

Edinburg 1992) (citing Comal Cnty. Rural High Sch. Dist. v. Nelson, 158

Tex. 564, 314 S.W.2d 956, 957 (1958); and citing Highlands Ins. Co. v.

Lumberman’s Mut. Casualty Co., 794 S.W.2d 600, 602–03 (Tex. App.—

Austin 1990, no writ)); see also Black v. Franklin Serv. Stations, Inc., No.

03-11-00069-CV, 2011 WL 4507335, at *1 (Tex. App.—Austin Sept. 30,

2011) (collecting cases)). In this matter, the trial court rendered

1 See Tex. R. App. P. 58.8 (allowing intervention by the state where a federal court has certified a question of the constitutionality of a state statute to the Texas Supreme Court).

1 judgment, the parties appealed, and movant is too late with no

procedural vehicle for intervention. The Court should deny the motion.

CONCLUSION AND PRAYER

The Court should deny the Motion for Leave to Intervene because

no rule permits it, and post-judgment intervention is barred as a matter

of law.

Dated: March 11, 2025 /s/ JT Morris JT MORRIS* Tx Bar No. 2409444 FOUNDATION FOR INDIVIDUAL RIGHTS AND EXPRESSION 700 Pennsylvania Avenue, SE Suite 340 Washington, DC 20003 (215) 717-3473 jt.morris@thefire.org

*Counsel of Record

2 Certificate of Compliance with 9.4(e), (i)

1. This brief complies with the type-volume limitation of Texas Rule of Appellate Procedure 9.4(i)(2)B) because, according to the Microsoft Word 2024 word-count function, it contains 267 words, not including those sections excluded under Rule 9.4(i)(1), and the aggregate word count of all briefs filed by FIRE does not exceed 27,000 words.

2. This brief complies with the typeface requirements of Texas Rule of Appellate Procedure 9.4(e) because it has been prepared in a proportionally spaced typeface using Microsoft Word 2024 software in Century Schoolbook 14-point font.

Date: March 11, 2025 /s/ JT Morris JT MORRIS FOUNDATION FOR INDIVIDUAL RIGHTS AND EXPRESSION

3 CERTIFICATE OF SERVICE

Under the Texas Rules of Appellate Procedure, I certify I served a

copy of this brief on the following counsel of record via e-File service on

March 11, 2025:

Alyssa Bixby-Lawson Assistant Attorney General Office of the Attorney General P.O. Box 12548, Capitol Station Austin, Texas 78711 (210) 270-1118 Alyssa.bixby-lawson@oag.texas.gov

Wolfgang P. Hirczy de Mino wphdmphd@gmail.com Pro se

/s/ JT Morris JT MORRIS FOUNDATION FOR INDIVIDUAL RIGHTS AND EXPRESSION 700 Pennsylvania Avenue, SE Suite 340 Washington, DC 20003 (215) 717-3473 jt.morris@thefire.org

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.

JT Morris on behalf of Joshua (JT) Morris Bar No. 24094444 jt.morris@thefire.org Envelope ID: 98346476 Filing Code Description: Response Filing Description: Appellee-Cross-Appellant's Opposition to Motion to Intervene Status as of 3/12/2025 7:05 AM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Wolfgang Hirczy de Mino wphdmphd@gmail.com 3/11/2025 10:18:02 PM SENT

Wolfgang PHirczy de Mino wphdmphd@gmail.com 3/11/2025 10:18:02 PM SENT

Victoria Gomez victoria.gomez@oag.texas.gov 3/11/2025 10:18:02 PM SENT

Gabriel Walters gabe.walters@thefire.org 3/11/2025 10:18:02 PM SENT

JT Morris jt.morris@thefire.org 3/11/2025 10:18:02 PM SENT

Alyssa Bixby-Lawson alyssa.bixby-lawson@oag.texas.gov 3/11/2025 10:18:02 PM SENT