Received & Filed 4/16/2025 11:16 AM Gabriel Garcia, District Clerk Brazos County, Texas Emily Velasquez Envelope# - 99736231
CAUSE NO. 20-002171-CV-272
BE&K BUILDING GROUP, LLC, § IN THE DISTRICT COURT OF FILED IN Plaintiff, § 15th COURT OF APPEALS § AUSTIN, TEXAS v. § BRAZOS4/21/2025 COUNTY, 4:11:20 PM TEXAS § CHRISTOPHER A. PRINE Clerk THE BOARD OF REGENTS OF THE § TEXAS A&M UNIVERSITY SYSTEM, § Defendant. § 272ND JUDICIAL DISTRICT
DEFENDANT’S NOTICE OF APPEAL AND NOTICE OF AUTOMATIC STAY
TO THE HONORABLE JUDGE OF SAID COURT:
Pursuant to the provisions of Rule 25, Texas Rules of Appellate Procedure, and
§51.014(a)(8) of the Texas Civil Practice and Remedies Code, Defendant The Board of Regents of
the Texas A&M University System (“TAMUS”) hereby gives notice of its appeal in accordance
with law.
1. On April 9, 2025, the trial court filed and entered its Order Denying Defendant’s Plea to
the Jurisdiction (“Order”), a copy of which is attached hereto as Exhibit “A”.
3. Defendant, TAMUS is not required to post bond. See TEX. CIV. PRAC. & REM. CODE
§§ 6.001 and 104.006.
4. This appeal is taken to the Fifteenth Court of Appeals, sitting at Austin, Texas, and is an
accelerated appeal pursuant to Rule 28.1, Texas Rules of Appellate Procedure.
5. The name of the party filing this notice is as follows: The Board of Regents of the Texas
A&M University System.
6. The Texas Civil Practice and Remedies Code entitles Defendant to take an interlocutory
appeal from the Order denying its plea to the jurisdiction. TEX. CIV. PRAC. & REM. CODE
§ 51.014(a)(8) (“A person may appeal from an interlocutory order of a district court . . . that . . .
Defendant’s Notice of Appeal Page 1 denies a plea to the jurisdiction by a governmental unit[.]”). Defendant now exercises its right to
seek an accelerated appeal to the Fifteenth Court of Appeals in Austin, Texas. TEX. R. APP. P. 28.1
(“Appeals from interlocutory orders (when allowed by statute) . . . are accelerated appeals.”).
7. Defendant notifies this Court that, upon the filing of this Notice of Appeal, all proceedings
in the trial court are automatically stayed pending resolution of the appeal. See TEX. CIV. PRAC. &
REM. CODE §§ 51.014(b)-(c).
Defendant’s Notice of Appeal Page 2 Respectfully submitted.
KEN PAXTON Attorney General of Texas
BRENT WEBSTER First Assistant Attorney General
RALPH MOLINA Deputy First Assistant Attorney General
AUSTIN KINGHORN Deputy Attorney General for Civil Litigation
KIMBERLY GDULA Chief, General Litigation Division
/s/ William H. Farrell WILLIAM H. FARRELL Assistant Attorney General Texas Bar No. 0079531 biff.farrell@oag.texas.gov
Office of the Attorney General General Litigation Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Phone: (512) 936-2650 Fax: (512) 320-0667 COUNSEL FOR DEFENDANTS
CERTIFICATE OF SERVICE
I hereby certify that on April 16, 2025, a true and correct copy of the foregoing Defendant’s Notice of Appeal was served on all counsel of record via e-mail.
/s/ William H. Farrell____ WILLIAM H. FARRELL Assistant Attorney General
Defendant’s Notice of Appeal Page 3 Received & Filed 4/8/2025 9:53 AM Gabriel Garcia, District Clerk Brazos County, Texas Cereena Grimes Envelope# - 99394729
Cause No. 20-002171-CV-272 EXHIBIT BE&K BUILDING GROUP, LLC IN THE DISTRICT OF A Plaintiff, v. BRAZOS COUNTY TEXAS THE BOARD OF REGENTS OF TEXAS A&M UNIVERSITY SYSTEM, 272ND JUDICIAL DISTRICT Defendant.
ORDER
Pending before the Court is Defendant The Board Of Regents of the Texas A&M
University System’s Plea to the Jurisdiction. The Court has reviewed the Defendant’s Plea to the
Jurisdiction, BE&K Building Group LLC’s Opposition to the Defendant’s Plea to the Jurisdiction,
the Defendant’s Reply, BE&K Building Group LLC’s Objections and Motion to Strike the
Affidavit of Calvin Boydstun, 1 and the parties’ additional filings concerning the Defendant’s Plea
to the Jurisdiction and the Plaintiff’s opposition to the Defendant’s Plea to the Jurisdiction. The
Court also conducted a hearing where the parties orally argued and had the opportunity to present
their positions to the Court. After considering all of the foregoing and all of the evidence that is
properly before the Court, the Court is of the opinion that Defendant’s Plea to the Jurisdiction
should be DENIED. It is therefore
ORDERED that Defendant The Board Of Regents of the Texas A&M University System’s
Plea to the Jurisdiction is DENIED.
Signed on this ______ 9th day of ___________, April 2025
_________________________________ JUDGE PRESIDING
1 The Court is, by separate order, issuing rulings on BE&K Building Group LLC’s Objections and Motion to Strike the Affidavit of Calvin Boydstun. The Court’s ruling on Defendant’s Plea to the Jurisdiction would be the same regardless of whether the Court sustained or overruled any of the objections presented by BE&K Building Group to that affidavit. 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.
Frank Domino Bar No. 24038864 FrankDomino@MehaffyWeber.com Envelope ID: 99394729 Filing Code Description: Proposed Order Filing Description: on Defendant Plea to Jurisdiction Status as of 4/8/2025 12:21 PM CST
Associated Case Party: The Board of Regents of The Texas A & M University System
Name BarNumber Email TimestampSubmitted Status
Nicole A.Myette nicole.myette@oag.texas.gov 4/8/2025 9:53:27 AM SENT
William Farrell biff.farrell@oag.texas.gov 4/8/2025 9:53:27 AM SENT
William SumnerMacdaniel william.macdaniel@oag.texas.gov 4/8/2025 9:53:27 AM ERROR
Reuben Blum Reuben.Blum@oag.texas.gov 4/8/2025 9:53:27 AM ERROR
Associated Case Party: BE&K Building Group, LLC
Thomas Crist tcrist@Beneschlaw.com 4/8/2025 9:53:27 AM SENT
Frank Domino frankdomino@mehaffyweber.com 4/8/2025 9:53:27 AM SENT
Becky Kaloczi BKaloczi@beneschlaw.com 4/8/2025 9:53:27 AM SENT
Jonathon Korinko JKorinko@beneschlaw.com 4/8/2025 9:53:27 AM SENT
Case Contacts
Hollie Ross HollieRoss@MehaffyWeber.com 4/8/2025 9:53:27 AM SENT
Alyssa Bixby-Lawson alyssa.bixby-lawson@oag.texas.gov 4/8/2025 9:53:27 AM SENT
Andrea Fratus edocket@mehaffyweber.com 4/8/2025 9:53:27 AM SENT
B. RobinBurt robin.burt@oag.texas.gov 4/8/2025 9:53:27 AM ERROR 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.
Nicole Myette on behalf of William Farrell Bar No. 796531 nicole.myette@oag.texas.gov Envelope ID: 99736231 Filing Code Description: Notice Filing Description: Notice of Appeal and Ex A Status as of 4/16/2025 1:48 PM CST
Hollie Ross HollieRoss@MehaffyWeber.com 4/16/2025 11:16:20 AM SENT
Alyssa Bixby-Lawson alyssa.bixby-lawson@oag.texas.gov 4/16/2025 11:16:20 AM SENT
Andrea Fratus edocket@mehaffyweber.com 4/16/2025 11:16:20 AM SENT
B. RobinBurt robin.burt@oag.texas.gov 4/16/2025 11:16:20 AM ERROR
Free access — add to your briefcase to read the full text and ask questions with AI
Received & Filed 4/16/2025 11:16 AM Gabriel Garcia, District Clerk Brazos County, Texas Emily Velasquez Envelope# - 99736231
CAUSE NO. 20-002171-CV-272
BE&K BUILDING GROUP, LLC, § IN THE DISTRICT COURT OF FILED IN Plaintiff, § 15th COURT OF APPEALS § AUSTIN, TEXAS v. § BRAZOS4/21/2025 COUNTY, 4:11:20 PM TEXAS § CHRISTOPHER A. PRINE Clerk THE BOARD OF REGENTS OF THE § TEXAS A&M UNIVERSITY SYSTEM, § Defendant. § 272ND JUDICIAL DISTRICT
DEFENDANT’S NOTICE OF APPEAL AND NOTICE OF AUTOMATIC STAY
TO THE HONORABLE JUDGE OF SAID COURT:
Pursuant to the provisions of Rule 25, Texas Rules of Appellate Procedure, and
§51.014(a)(8) of the Texas Civil Practice and Remedies Code, Defendant The Board of Regents of
the Texas A&M University System (“TAMUS”) hereby gives notice of its appeal in accordance
with law.
1. On April 9, 2025, the trial court filed and entered its Order Denying Defendant’s Plea to
the Jurisdiction (“Order”), a copy of which is attached hereto as Exhibit “A”.
3. Defendant, TAMUS is not required to post bond. See TEX. CIV. PRAC. & REM. CODE
§§ 6.001 and 104.006.
4. This appeal is taken to the Fifteenth Court of Appeals, sitting at Austin, Texas, and is an
accelerated appeal pursuant to Rule 28.1, Texas Rules of Appellate Procedure.
5. The name of the party filing this notice is as follows: The Board of Regents of the Texas
A&M University System.
6. The Texas Civil Practice and Remedies Code entitles Defendant to take an interlocutory
appeal from the Order denying its plea to the jurisdiction. TEX. CIV. PRAC. & REM. CODE
§ 51.014(a)(8) (“A person may appeal from an interlocutory order of a district court . . . that . . .
Defendant’s Notice of Appeal Page 1 denies a plea to the jurisdiction by a governmental unit[.]”). Defendant now exercises its right to
seek an accelerated appeal to the Fifteenth Court of Appeals in Austin, Texas. TEX. R. APP. P. 28.1
(“Appeals from interlocutory orders (when allowed by statute) . . . are accelerated appeals.”).
7. Defendant notifies this Court that, upon the filing of this Notice of Appeal, all proceedings
in the trial court are automatically stayed pending resolution of the appeal. See TEX. CIV. PRAC. &
REM. CODE §§ 51.014(b)-(c).
Defendant’s Notice of Appeal Page 2 Respectfully submitted.
KEN PAXTON Attorney General of Texas
BRENT WEBSTER First Assistant Attorney General
RALPH MOLINA Deputy First Assistant Attorney General
AUSTIN KINGHORN Deputy Attorney General for Civil Litigation
KIMBERLY GDULA Chief, General Litigation Division
/s/ William H. Farrell WILLIAM H. FARRELL Assistant Attorney General Texas Bar No. 0079531 biff.farrell@oag.texas.gov
Office of the Attorney General General Litigation Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Phone: (512) 936-2650 Fax: (512) 320-0667 COUNSEL FOR DEFENDANTS
CERTIFICATE OF SERVICE
I hereby certify that on April 16, 2025, a true and correct copy of the foregoing Defendant’s Notice of Appeal was served on all counsel of record via e-mail.
/s/ William H. Farrell____ WILLIAM H. FARRELL Assistant Attorney General
Defendant’s Notice of Appeal Page 3 Received & Filed 4/8/2025 9:53 AM Gabriel Garcia, District Clerk Brazos County, Texas Cereena Grimes Envelope# - 99394729
Cause No. 20-002171-CV-272 EXHIBIT BE&K BUILDING GROUP, LLC IN THE DISTRICT OF A Plaintiff, v. BRAZOS COUNTY TEXAS THE BOARD OF REGENTS OF TEXAS A&M UNIVERSITY SYSTEM, 272ND JUDICIAL DISTRICT Defendant.
ORDER
Pending before the Court is Defendant The Board Of Regents of the Texas A&M
University System’s Plea to the Jurisdiction. The Court has reviewed the Defendant’s Plea to the
Jurisdiction, BE&K Building Group LLC’s Opposition to the Defendant’s Plea to the Jurisdiction,
the Defendant’s Reply, BE&K Building Group LLC’s Objections and Motion to Strike the
Affidavit of Calvin Boydstun, 1 and the parties’ additional filings concerning the Defendant’s Plea
to the Jurisdiction and the Plaintiff’s opposition to the Defendant’s Plea to the Jurisdiction. The
Court also conducted a hearing where the parties orally argued and had the opportunity to present
their positions to the Court. After considering all of the foregoing and all of the evidence that is
properly before the Court, the Court is of the opinion that Defendant’s Plea to the Jurisdiction
should be DENIED. It is therefore
ORDERED that Defendant The Board Of Regents of the Texas A&M University System’s
Plea to the Jurisdiction is DENIED.
Signed on this ______ 9th day of ___________, April 2025
_________________________________ JUDGE PRESIDING
1 The Court is, by separate order, issuing rulings on BE&K Building Group LLC’s Objections and Motion to Strike the Affidavit of Calvin Boydstun. The Court’s ruling on Defendant’s Plea to the Jurisdiction would be the same regardless of whether the Court sustained or overruled any of the objections presented by BE&K Building Group to that affidavit. 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.
Frank Domino Bar No. 24038864 FrankDomino@MehaffyWeber.com Envelope ID: 99394729 Filing Code Description: Proposed Order Filing Description: on Defendant Plea to Jurisdiction Status as of 4/8/2025 12:21 PM CST
Associated Case Party: The Board of Regents of The Texas A & M University System
Name BarNumber Email TimestampSubmitted Status
Nicole A.Myette nicole.myette@oag.texas.gov 4/8/2025 9:53:27 AM SENT
William Farrell biff.farrell@oag.texas.gov 4/8/2025 9:53:27 AM SENT
William SumnerMacdaniel william.macdaniel@oag.texas.gov 4/8/2025 9:53:27 AM ERROR
Reuben Blum Reuben.Blum@oag.texas.gov 4/8/2025 9:53:27 AM ERROR
Associated Case Party: BE&K Building Group, LLC
Thomas Crist tcrist@Beneschlaw.com 4/8/2025 9:53:27 AM SENT
Frank Domino frankdomino@mehaffyweber.com 4/8/2025 9:53:27 AM SENT
Becky Kaloczi BKaloczi@beneschlaw.com 4/8/2025 9:53:27 AM SENT
Jonathon Korinko JKorinko@beneschlaw.com 4/8/2025 9:53:27 AM SENT
Case Contacts
Hollie Ross HollieRoss@MehaffyWeber.com 4/8/2025 9:53:27 AM SENT
Alyssa Bixby-Lawson alyssa.bixby-lawson@oag.texas.gov 4/8/2025 9:53:27 AM SENT
Andrea Fratus edocket@mehaffyweber.com 4/8/2025 9:53:27 AM SENT
B. RobinBurt robin.burt@oag.texas.gov 4/8/2025 9:53:27 AM ERROR 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.
Nicole Myette on behalf of William Farrell Bar No. 796531 nicole.myette@oag.texas.gov Envelope ID: 99736231 Filing Code Description: Notice Filing Description: Notice of Appeal and Ex A Status as of 4/16/2025 1:48 PM CST
Hollie Ross HollieRoss@MehaffyWeber.com 4/16/2025 11:16:20 AM SENT
Alyssa Bixby-Lawson alyssa.bixby-lawson@oag.texas.gov 4/16/2025 11:16:20 AM SENT
Andrea Fratus edocket@mehaffyweber.com 4/16/2025 11:16:20 AM SENT
B. RobinBurt robin.burt@oag.texas.gov 4/16/2025 11:16:20 AM ERROR
Thomas Crist tcrist@Beneschlaw.com 4/16/2025 11:16:20 AM SENT
Frank Domino frankdomino@mehaffyweber.com 4/16/2025 11:16:20 AM SENT
Becky Kaloczi BKaloczi@beneschlaw.com 4/16/2025 11:16:20 AM SENT
Jonathon Korinko JKorinko@beneschlaw.com 4/16/2025 11:16:20 AM SENT
Associated Case Party: The Board of Regents of The Texas A & M University System
Nicole A.Myette nicole.myette@oag.texas.gov 4/16/2025 11:16:20 AM SENT
William Farrell biff.farrell@oag.texas.gov 4/16/2025 11:16:20 AM SENT
Reuben Blum Reuben.Blum@oag.texas.gov 4/16/2025 11:16:20 AM ERROR
William SumnerMacdaniel william.macdaniel@oag.texas.gov 4/16/2025 11:16:20 AM ERROR Received & Filed 4/8/2025 9:53 AM Gabriel Garcia, District Clerk Brazos County, Texas Cereena Grimes Envelope# - 99394729
Cause No. 20-002171-CV-272 BE&K BUILDING GROUP, LLC IN THE DISTRICT OF
Plaintiff, v. BRAZOS COUNTY TEXAS THE BOARD OF REGENTS OF TEXAS A&M UNIVERSITY SYSTEM, 272ND JUDICIAL DISTRICT Defendant.
Pending before the Court is Defendant The Board Of Regents of the Texas A&M
University System’s Plea to the Jurisdiction. The Court has reviewed the Defendant’s Plea to the
Jurisdiction, BE&K Building Group LLC’s Opposition to the Defendant’s Plea to the Jurisdiction,
the Defendant’s Reply, BE&K Building Group LLC’s Objections and Motion to Strike the
Affidavit of Calvin Boydstun, 1 and the parties’ additional filings concerning the Defendant’s Plea
to the Jurisdiction and the Plaintiff’s opposition to the Defendant’s Plea to the Jurisdiction. The
Court also conducted a hearing where the parties orally argued and had the opportunity to present
their positions to the Court. After considering all of the foregoing and all of the evidence that is
properly before the Court, the Court is of the opinion that Defendant’s Plea to the Jurisdiction
ORDERED that Defendant The Board Of Regents of the Texas A&M University System’s
1 The Court is, by separate order, issuing rulings on BE&K Building Group LLC’s Objections and Motion to Strike the Affidavit of Calvin Boydstun. The Court’s ruling on Defendant’s Plea to the Jurisdiction would be the same regardless of whether the Court sustained or overruled any of the objections presented by BE&K Building Group to that affidavit. 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.
Frank Domino Bar No. 24038864 FrankDomino@MehaffyWeber.com Envelope ID: 99394729 Filing Code Description: Proposed Order Filing Description: on Defendant Plea to Jurisdiction Status as of 4/8/2025 12:21 PM CST
Associated Case Party: The Board of Regents of The Texas A & M University System
Nicole A.Myette nicole.myette@oag.texas.gov 4/8/2025 9:53:27 AM SENT
William Farrell biff.farrell@oag.texas.gov 4/8/2025 9:53:27 AM SENT
William SumnerMacdaniel william.macdaniel@oag.texas.gov 4/8/2025 9:53:27 AM ERROR
Reuben Blum Reuben.Blum@oag.texas.gov 4/8/2025 9:53:27 AM ERROR
Frank Domino frankdomino@mehaffyweber.com 4/8/2025 9:53:27 AM SENT
Becky Kaloczi BKaloczi@beneschlaw.com 4/8/2025 9:53:27 AM SENT
Jonathon Korinko JKorinko@beneschlaw.com 4/8/2025 9:53:27 AM SENT
Hollie Ross HollieRoss@MehaffyWeber.com 4/8/2025 9:53:27 AM SENT
Alyssa Bixby-Lawson alyssa.bixby-lawson@oag.texas.gov 4/8/2025 9:53:27 AM SENT
Andrea Fratus edocket@mehaffyweber.com 4/8/2025 9:53:27 AM SENT
B. RobinBurt robin.burt@oag.texas.gov 4/8/2025 9:53:27 AM ERROR 300 E. 26th St., Suite 1200 Brazos County Bryan TX 77803 (979) 361-4230 (979) 361-0197 fax
GABRIEL GARCIA District Clerk
April 21, 2025
Tenth Court of Appeals McLennan County Courthouse 501 Washington Ave., Room 415 Waco, TX 76701-1327
Re: Cause No. 20-002171-CV-272
Dear Sir or Madam:
Please be advised that the above styled and numbered cause is presently on appeal in
Brazos County, Texas. The records of this office reflect that notice of appeal was given on
04/16/2025. This case has been assigned to the 10th Court of Appeals and will be transmitted to
that court as soon as the record on appeal has been approved. Any questions concerning extensions
of time should be directed to the assigned Court of Appeals.
Sincerely,
Gabriel Garcia/J.M. District Clerk Brazos County, Texas
cc: WILLIAM H. FARRELL VIA EMAIL THOMAS O. CRIST VIA EMAIL APPELLATE NO.____________________ (To be filled in by COA)
TRIAL COURT NO. 20-002171-CV-272
BE&K BUILDING GROUP, LLC X IN THE 272ND DISTRICT COURT
VS. X OF
THE BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEM X BRAZOS COUNTY, TEXAS
CASE TYPE: Contract - Other
JUDGMENT OR APPEALABLE ORDER SIGNED: ORDER DENYING TEXAS A&M’S PLEA TO THE JURISDICTION – SIGNED APRIL 9TH, 2025
MOTION FOR NEW TRIAL: N/A
NOTICE OF APPEAL FILED: 04/16/2025
REQUEST FOR FINDINGS OF FACT: N/A
DATE REQUEST FOR REPORTER’S RECORD FILED: 04/16/25
PRESIDING TRIAL COURT JUDGE: JOHN BRICK
TRIAL COURT REPORTER(S): KAETHERYNE KYRIELL
WAS THE APPELLANT DECLARED INDIGENT? : NO
APELLANT’S COUNSEL IS: Retained
APELLANT’S ATTORNEY: WILLIAM FARRELL SBN: 0079531 Office of the Attorney General PO Box 12548, Capital Station Austin, Texas 78711 P: 512-936-2650 F: 512-320-0667
THOMAS CRIST SBN: 24119645
APPELLEE’S ATTORNEY: 200 Public Square, Suite 2300 Cleveland, OH 44114 P: 216-363-4500 F: 216-363-4588 I I Filed on this the 21st day of April, 2025.
GABRIEL GARCIA, DISTRICT CLERK BRAZOS COUNTY, TEXAS
Q~ -BY:__________________________ DEPUTYr1· CLERK cJ