Whittney Ford v. the University of Texas at Austin

• Court: Court of Appeals of Texas
• Decided: July 24, 2025
• Docket: 15-25-00123-CV
• Status: Published

Opinion

15-25-00123-CV

D-1-GN-24-002171 TRIAL COURT CASE NO. _________________

§ IN THE DISTRICT COURT FILED IN § 15th COURT OF APPEALS § TRAVIS COUNTY, ________ AUSTIN, TEXAS TEXAS § 7/24/2025 8:14:56 AM § JUDICIAL DISTRICT CHRISTOPHER A. PRINE Clerk DISTRICT CLERK’S INFORMATION SHEET THE FOLLOWING INFROMATION HAS BEEN COMPILED BY THE DISTRICT CLERKS OFFICE:

Date of order appealed: JULY 17, 2025 Type of Order (Interlocutory or Final) ACCELERATED Date Motion for New Trial Filed: Request for Findings of Fact and Conclusions of Law filed: Date Notice of Appeal Filed: JULY 23, 2025 Name of judge who entered judgment: MARIA HEXSEL CANTU Name of court reporter: CHAVELA CRAIN Address of court reporter: 1700 GUADALUPE, 8TH FLOOR, AUSTIN, TX 78701 Name of attorney on appeal: WHITNEY FORD SB#: PROSE Attorney Address: 4151 WELLBORN ROAD, APT. 1101A, BRYAN TX 77801 wjacksonford@gmail.com Attorney E-Mail Address: __________________________________________________ Attorney on appeal (check applicable box): appointed retained ✔ Pro Se

RACHEL BEHRENDT 24130871 Name of Appellee’s Attorney:___________________________________SB#________________ PO BOX 1548, CA[PITOL STATION, AUSTIN, TX 78711-2548 Attorney Address:_________________________________________________________ RACHEL.BEHRENDT@OAG.TEXAS.GOV 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) 7/23/2025 12:20 PM Velva L. Price District Clerk Travis County CAUSE NO. D-1-GN-24-002171 D-1-GN-24-002171 Selina Hamilton

WHITTNEY FORD, § IN THE DISTRICT COURT Plaintiff, § § v. § TRAVIS COUNTY, TEXAS § KEN PAXTON, JAY HARTZELL, § THE TEXAS OFFICE OF ATTORNEY § GENERAL, and THE UNIVERSITY § OF TEXAS AT AUSTIN, § Defendants. § 261ST JUDICIAL DISTRICT

NOTICE OF ACCELERATED APPEAL I, Plaintiff, Whittney Ford, give notice of intent to appeal the interlocutory order signed on July 17, 2025, in this case. Cause Number D-1-GN-24-002171; Whittney Ford v. The University of Texas at Austin, et al. The Travis County 53rd District Court, the Honorable Maria Cantu Hexsel, presiding, granted pleas to the jurisdiction and rendered summary judgment in favor of Defendants The University of Texas at Austin, and the President of University of Texas at Austin Jim Davis, on July 17, 2025. I, Whittney Ford will appeal the judgment to the 15th Court of Appeals, in Austin, Texas. I am presumed indigent and may proceed without paying costs under Tex. R. App. P. Rule 20.1(b)(1), (2). I filed my pauper’s oath on 4/5/2024 with Travis County District Clerk. The appeal involves a mandamus action under the Texas Public Information Act brought against a Texas institution of higher education. This is not a parental termination or child protection case. This appeal is accelerated pursuant to Texas Rules of Appellate Procedure 28.1 and Texas Civil Practice and Remedies Code § 51.014(8). REQUEST OF COURT CLERK’S RECORD In addition to those items mandatory under Texas Rules of Appellate Procedure 34.5a(1), I

Whittney Ford request pursuant to TRAP 34.5b(1)(2) the following to be included in the clerks

record: my 2nd Amended Original Petition, filed 11/25/2024, my Motion to Compel Discovery,

filed 11/25/2024, my Opposition to Jay Hartzell’s Plea to the Jurisdiction, filed 11/25/2024, my

Opposition to the University of Texas at Austin’s Plea to the Jurisdiction and Opposition of its Motion for Summary Judgment, filed 11/25/2024, my amended motion to compel, filed

1/13/2025, my Motion to Strike Unsworn Declaration of Dr. Chandrasekhar Bhat, filed

4/30/2025, my Motion to Strike Unsworn Declaration of Rober Bonner-Davis, filed 4/30/2025,

and my Opposition of UT Defendants Motion to Strike Plaintiffs May 29, 2025 Hearing Setting,

filed 5/16/2025.

REQUEST OF COURT RECORDER OR COURT REPORTER I request a complete copy of the recording of the summary judgment hearing that was performed July 15, 2025, at 9:00 AM in the 53rd District Court Travis County with the Honorable Maria Cantu Hexsel, presiding.

Dated: July 23, 2025 Respectfully submitted, By: /s/ Whittney Ford Whittney Ford Pro Se 4151 Wellborn Road Apartment 1101A Bryan, Texas 77801 wjacksonford@gmail.com 979-264-4944 Certificate of Service In accordance with Rule 21 of Texas Rules of Civil Procedure, I, Whittney Ford certify that a copy of my NOTICE OF ACCELERATED APPEAL, was served on the following on July 23, 2025, via email, via EFILETEXAS.GOV at the email addresses indicated below: RACHEL L. BEHRENDT MARTIN COHICK Texas Bar No. 24130871 Texas Bar No. 24134042 Assistant Attorney General Assistant Attorney General Administrative Law Division ZACHARY L. RHINES P.O. Box 12548, Capitol Station Texas Bar No. 24116957 Austin, Texas 78711-2548 Special Counsel Telephone: (512) 936-1317 Facsimile: (512) 320-0167 P.O. Box 12548, Capitol Station martin.cohick@oag.texas.gov Austin, Texas 78711-2548 Telephone: (512) 475-4112 ATTORNEY FOR OAG Facsimile: (512) 320-0667 Rachel.Behrendt@oag.texas.gov Zachary.Rhines@oag.texas.gov

ATTORNEYS FOR UT DEFENDANTS

/s/ Whittney Ford Whittney Ford 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.

Envelope ID: 103486851 Filing Code Description: Notice of Appeal Filing Description: NOTICE OF ACCELERATED APPEAL Status as of 7/24/2025 7:52 AM CST

Associated Case Party: TEXAS ATTORNEY GENERAL'S OFFICE

Name BarNumber Email TimestampSubmitted Status

Zachary L.Rhines zachary.rhines@oag.texas.gov 7/23/2025 12:20:45 PM SENT

Rachel L. Behrendt Rachel.Behrendt@oag.texas.gov 7/23/2025 12:20:45 PM SENT

Associated Case Party: KEN PAXTON ATTORNEY GENERAL OF TEXAS

Paul Pruneda paul.pruneda@oag.texas.gov 7/23/2025 12:20:45 PM SENT

Martin Cohick martin.cohick@oag.texas.gov 7/23/2025 12:20:45 PM SENT

Canon ParkerHill canon.hill@oag.texas.gov 7/23/2025 12:20:45 PM SENT

Elizabeth Chipelo elizabeth.chipelo@oag.texas.gov 7/23/2025 12:20:45 PM ERROR

Associated Case Party: JAY HARTZELL PRESIDENT OF THE UNIVERSITY OF TEXAS AT AUSTIN

Rachel L. Behrendt Rachel.Behrendt@oag.texas.gov 7/23/2025 12:20:45 PM SENT

Associated Case Party: WHITTNEY FORD

Whitney Ford wjacksonford@gmail.com 7/23/2025 12:20:45 PM SENT

Case Contacts 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.

Envelope ID: 103486851 Filing Code Description: Notice of Appeal Filing Description: NOTICE OF ACCELERATED APPEAL Status as of 7/24/2025 7:52 AM CST

Case Contacts

Ariana Ines ariana.ines@oag.texas.gov 7/23/2025 12:20:45 PM SENT 07/17/2025 05:05:50 PM Velva L. Price District Clerk Travis County D-1-GN-24-002171 CAUSE NO. D-1-GN-24-002171

WHITTNEY FORD, § IN THE DISTRICT COURT Plaintiff, § § v. § TRAVIS COUNTY, TEXAS § KEN PAXTON, JAY HARTZELL, § THE TEXAS OFFICE OF ATTORNEY § GENERAL, and THE UNIVERSITY § OF TEXAS AT AUSTIN, § Defendants. § 261ST JUDICIAL DISTRICT ______________________________________________________________________________

ORDER GRANTING UT DEFENDANTS’ SECOND AMENDED PLEA TO THE JURISDICTION AND MOTION FOR SUMMARY JUDGMENT ______________________________________________________________________________

The Court has considered the First Amended Plea to the Jurisdiction and Motion for

Summary Judgment filed by Defendants Jim Davis, in his official capacity as Interim President of

the University of Texas at Austin, and the University of Texas at Austin (“UT Defendants”). The

Court, having considered the pleadings and arguments of the parties, has determined that UT

Defendants’ Second Amended Plea to the Jurisdiction and Motion for Summary Judgment should

be, and is, GRANTED.

IT IS THEREFORE ORDERED that UT Defendants’ Second Amended Plea to the

Jurisdiction and Motion for Summary Judgment is GRANTED, and that Plaintiff Whittney Ford’s

claims against Defendants Jim Davis, in his official capacity as Interim President of the University

of Texas at Austin, and the University of Texas at Austin are DISMISSED with prejudice.

SIGNED on July 17, 2025.

______________________________ JUDGE PRESIDING