Texas Racing Commission v. Toby Keeton

Court of Appeals of Texas·Decided October 24, 2025·No. 15-25-00156-CV·Published

Opinion

ACCEPTED 15-25-00156-cv Appellate Docket Number: 15-25-00156-CV FIFTEENTH COURT OF APPEALS Appellate Case Style: Texas Racing Commission AUSTIN, TEXAS Vs. Toby Keeton 10/24/2025 8:39 AM Companion CHRISTOPHER A. PRINE Case(s): CLERK Amended/Corrected Statement FILED IN 15th COURT OF APPEALS DOCKETING STATEMENT (Civil) AUSTIN, TEXAS Appellate Court: 15th Court of Appeals 10/24/2025 8:39:58 AM (to be filed in the court of appeals upon perfection of appeal under TRAP 32) A. PRINE CHRISTOPHER Clerk NOTE: Because space for additional parties / attorneys is limited on this form, you can include the information on a separate document. As per TRAP 32.1 and 9.4, please include party’s name and the name, address, email address, telephone number, fax number, if any, and State Bar Number of the party’s lead counsel. If the party is not represented by an attorney, that party’s name, address, telephone number, fax number should be provided.

I. Appellant II. Appellant Attorney(s) - Continued Person Organization Lead Attorney Retained Attorney Name: Texas Racing Commission Name: Lauren McGee Pro Se Bar No. 24128835 If Pro Se Party, enter the following information: Firm/Agency: Office of the Attorney General of Texas Address: Address 1: P. O. Box 12548, Capitol Station City/State/Zip: Address 2: Tel. Ext. Fax: City/State/Zip: Austin, Texas 78711-2548 Email: Tel. (512) 475-3203 Ext. Fax: II. Appellant Attorney(s) Email: lauren.mcgee@oag.texas.gov Lead Attorney Retained Attorney Lead Attorney Select Name: Canon Hill Name: Bar No. 24140247 Bar No. Firm/Agency: Office of the Attorney General of Texas Firm/Agency: Address 1: P. O. Box 12548, Capitol Station Address 1: Address 2: Address 2: City/State/Zip: Austin, Texas 78711-2548 City/State/Zip: Tel. (512) 936-1838 Ext. Fax: Tel. Ext. Fax: Email: canon.hill@oag.texas.gov Email: Lead Attorney Select Lead Attorney Select Name: Name: Bar No. Bar No. Firm/Agency: Firm/Agency: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: Email: Email:

Page 1 of 11 III. Appellee IV. Appellee Attorney(s) - Continued Person Organization Lead Attorney Retained Attorney Name: Toby Keeton Name: Joseph C. De Angelis Pro Se Bar No. Pro Hac Vice If Pro Se Party, enter the following information: Firm/Agency: Brewster & De Angelis, PLLC Address: Address 1: 2617 E. 21st Street City/State/Zip: Address 2: Tel. Ext. Fax: City/State/Zip: Tulsa, OK 74114 Email: Tel. (918) 742-2021 Ext. Fax: Email: jcdeangelis@brewsterlaw.com IV. Appellee Attorney(s) Lead Attorney Retained Attorney Lead Attorney Retained Attorney

Name: Clark O. Brewster Name: Don Griffin, Jr. Bar No. 00786841 Bar No. 08456975 Firm/Agency: Brewster & De Angelis, PLLC Firm/Agency: Vinson & Elkins, LLP Address 1: 2617 E. 21st Street Address 1: 845 Texas St., Ste 4700 Address 2: Address 2: City/State/Zip: Tulsa, OK 74114 City/State/Zip: Houston, TX 77002 Tel. (918) 742-2021 Ext. Fax: Tel. (713) 758-3508 Ext. Fax: Email: cbrewster@brewsterlaw.com Email: dgriffin@velaw.com

Lead Attorney Select Lead Attorney Select

Name: Name: Bar No. Bar No. Firm/Agency: Firm/Agency: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: Email: Email:

Page 2 of 11 V. Perfection of Appeal, Judgment and Sentencing Nature of Case (Subject matter or type of case): Administrative Appeal Date Order or Judgment signed: 10/09/2025 Type of Judgment: Interlocutory Order Date Notice of Appeal filed in Trial Court: 10/21/2025 If mailed to the Trial Court clerk, also give the date mailed: Interlocutory appeal of appealable order: Yes No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28): Texas Civil Practice and Remedies Code 50.014(a)(8) Accelerated Appeal (See TRAP 28): Yes No If yes, please specify statutory or other basis on which appeal is accelerated: TRAP 28.1

Parental Termination or Child Protection? (See TRAP 28.4): Yes No Permissive? (See TRAP 28.3): Yes No If yes, please specify statutory or other basis for such status:

Agreed? (See TRAP 28.2): Yes No If yes, please specify statutory or other basis for such status:

Appeal should receive precedence, preference, or priority under statute or rule? Yes No If yes, please specify statutory or other basis for such status:

Does this case involve an amount under $100,000? Yes No Judgment or Order disposes of all parties and issues? Yes No Appeal from final judgment? Yes No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? Yes No ,I\HV\RXPXVWDOVRFRPSOHWHDQGILOHWKH&KDOOHQJHWR&RQVWLWXWLRQDOLW\RID6WDWH6WDWXWHIRUP ,I\HVLVWKH$WWRUQH\*HQHUDORI7H[DVDSDUW\WRWKHFDVH" Yes 1o

VI. Actions Extending Time to Perfect Appeal Motion for New Trial: Yes No If yes, date filed: Motion to Modify Judgment: Yes No If yes, date filed: Request for Findings of Fact and Conclusions of Law: Yes No If yes, date filed: Motion to Reinstate: Yes No If yes, date filed: Motion under TRCP 306a: Yes No If yes, date filed: Other: Yes No If Other, please specify:

Page 3 of 11 VII. Indigency of Party (Attach file stamped copy of Statement and copy of the trial court order.) Was Statement of Inability to Pay Court Costs filed in the trial court? Yes No If yes, date filed: Was a Motion Challenging the Statement filed in the trial court? Yes No If yes, date filed: Was there any hearing on appellant’s ability to afford court costs? Yes No Hearing Date: Did trial court sign an order under Texas Rule of Civil Procedure 145? Yes No

Date of Order: If yes, trial court finding: Challenge Sustained Overruled VIII. Bankruptcy Has any party to the court’s judgment filed for protection in bankruptcy which might affect this appeal? Yes No If yes, please attach a copy of the petition. Date bankruptcy filed: Bankruptcy Case Number:

IX. Trial Court and Record Court: Clerk’s Record County: Travis County Trial Court Clerk: ✔ District County Trial Court Docket No. (Cause No.): Was Clerk’s record requested? ✔ Yes No D-1-GN-25-002549 If yes, date requested: 10/21/2025 Trial Court Judge (who tried or disposed of the case): If no, date it will be requested: Name: Hon. Aurora Martinez Jones Were payment arrangements made with clerk? Address 1: ✔ Yes No Indigent Address 2: (Note: No request required under TRAP 34.5(a),(b).) City/State/Zip: Tel. Ext. Fax: Email:

Page 4 of 11 IX. Trial Court and Record - Continued Reporter’s or Recorder’s Record Is there a Reporter’s Record? Yes No Was Reporter’s Record requested? Yes No If yes, date requested: 10/21/2025 If no, date it will be requested: Was the Reporter’s Record electronically recorded? Yes No Were payment arrangements made with the court reporter/court recorder? Yes No Indigent

Court Reporter Court Recorder Court Reporter Court Recorder Official Substitute Official Substitute Name: Name: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: Email: Email:

X. Supersedeas Bond Supersedeas bond filed? Yes No If yes, date filed: If no, will file? Yes No

XI. Extraordinary Relief Will you request extraordinary relief (e.g., temporary or ancillary relief) from this Court? Yes No If yes, briefly state the basis for your request:

Page 5 of 11 XII.

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