The Board of Regents of the Texas A&M University System v. BE&K Building Group, LLC
Opinion
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 Name BarNumber Email TimestampSubmitted Status 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 Name BarNumber Email TimestampSubmitted Status 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
Case Contacts Name BarNumber Email TimestampSubmitted Status 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
Associated Case Party: BE&K Building Group, LLC Name BarNumber Email TimestampSubmitted Status 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
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