Texas Association of School Boards Risk Management Fund // Southwest Texas Junior College v. Southwest Texas Junior College // Cross-Appellee, Texas Association of School Boards Risk Management Fund

ACCEPTED
15-25-00134-CV
FIFTEENTH COURT OF APPEALS
AUSTIN, TEXAS
9/10/2025 4:09 PM
NO. 15-25-00134-CV CHRISTOPHER A. PRINE
CLERK
FILED IN
15th COURT OF APPEALS
AUSTIN, TEXAS
IN THE FIFTEENTH COURT OF APPEALS 9/10/2025 4:09:44 PM
AUSTIN, TEXAS CHRISTOPHER A. PRINE
Clerk

T EXAS A SSOCIATION OF S CHOOL B OARDS R ISK M ANAGEMENT F UND
APPELLANT,

V.

SOUTHWEST TEXAS JUNIOR COLLEGE
APPELLEE.

On Appeal from Uvalde County 38th Judicial District,
Judge Kelley T. Kimble Presiding, Cause No. 2023-11-35269-CV

APPELLEE’S UNOPPOSED MOTION
TO FILE APPELLEE’S BRIEF

TO THE HONORABLE FIFTEENTH COURT OF APPEALS:

Cross-Appellant/Appellee, Southwest Texas Junior College (“Cross-

Appellant/Appellee” or the “College”) respectfully requests an extension of time to file

its Cross-Appellant/Appellee’s Brief and respectfully states as follows:

1. This appeal initially began as an appeal from the trial court’s Partial Denial and

Partial Granting of Appellant’s Partial Plea to the Jurisdiction that was filed with the

trial court.

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2. The trial court issued its Order granting in part, and denying in part Appellant’s

Partial Plea to the Jurisdiction on July 29, 2025.

3. Appellant filed it Notice of Appeal of the trial court’s partial denial of the Partial

Plea to the Jurisdiction on August 7, 2025.

4. Cross-Appellant/Appellee filed its Notice of Appeal of the trial court’s partial

grant of the Partial Plea to the Jurisdiction on August 15, 2025.

5. Under Rule 10.5(b) and Rule 38.6(d) of the Texas Rules of Appellate Procedure,

this Court may extend time for filing a brief of appellant. By this motion, Cross-

Appellant/Appellee seeks an extension of time to file its brief, and requests an extension

of 20 days after the filing of the Supplemental Clerk’s Record.

6. The undersigned counsel Vincent Circelli has been preparing the brief, but will

not be able to complete the brief by September 15, 2025, for the following reasons:

a. On August 18, 2025, the Reporter’s Record was filed. Shortly after on

August 26, 2025, the Clerk’s Record was filed. With the filing of the

complete appellate record, the Court set briefing deadlines for Appellant’s

Brief currently due September 15, 2025.

b. Counsel for Cross-Appellant/Appellee filed its notice of appeal with the

38th Judicial District Court on August 15, 2025.

c. On August 25, 2025, Counsel filed its Designation for Supplemental

Clerk’s Record.

d. Upon filing of the Clerk’s Record on August 26, 2025, the record did not

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include Cross-Appellant/Appellee’s notice of appeal or designation of

supplemental clerk’s record. Both the notice of appeal and designation

were filed directly with the District Clerk’s office, and were not forwarded

to the Court of Appeals.

7. As a result, the supplement to the clerk’s record that forms the basis of Cross-

Appellant/Appellee’s appeal has not been filed at this time.

8. Therefore, Cross-Appellant/Appellee requests the Court extend the deadline to

file the College’s Cross-Appellant/Appellee’s Brief, up to and including 20 days after

the filing of the requested Supplemental Clerk’s Record.

9. This request is not made for purposes of delay but so that the issues may be

properly presented and fully briefed.

10. This is Southwest Texas Junior College’s first request for an extension of time to

file its Cross-Appellant/Appellee’s Brief.

11. Counsel for Southwest Texas Junior College has conferred with Texas

Association of School Boards Risk Management Fund’s counsel who does not oppose

the requested extension.

PRAYER

For the foregoing reasons, Cross-Appellant/Appellee Southwest Texas Junior

College respectfully requests the Court grant this motion for extension in which to file

its Cross-Appellant/Appellee’s Brief, up to and including 20 days after the filing of the

requested Supplemental Clerk’s Record.

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Respectfully submitted,

/s/ Vincent P. Circelli
Preston J. Dugas III
State Bar No. 24050189
pdugas@dcclawfirm.com
Vincent P. Circelli
State Bar No. 24058804
vcircelli@dcclawfirm.com
Andrew D. Spadoni
State Bar No. 24109198
aspadoni@dcclawfirm.com

DUGAS & CIRCELLI, PLLC
4800 Bryant Irvin Ct.,
Fort Worth, Texas 76107
Telephone: (817) 817-7000
Facsimile: (682) 219-0761

COUNSEL FOR CROSS-APPELLANT/APPELLEE

CERTIFICATE OF CONFERENCE

I hereby certify that I have conferred with counsel for Appellant, Texas
Association of School Boards regarding the substance of this Motion via email on
September 10, 2025. Counsel for Appellant indicated Appellant is unopposed to the
requested relief.

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CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing instrument was e- served
to the following counsel on September 10, 2025, through the electronic case filing
system:

Jack W. Higdon
Jack.higdon@blankrome.com
Gregory J. Moore
Greg.moore@blankrome.com
Christopher W. Caudill
Christopher.caudill@blankrome.com

BLANK ROME LLP
717 Texas Avenue, Suite 1400
Houston, Texas 77002
Telephone: (713) 228-6601

/s/ Vincent P. Circelli
Vincent P. Circelli

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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.

Jen Saenz on behalf of Vincent Circelli
Bar No. 24058804
jen@pjdlawfirm.com
Envelope ID: 105464277
Filing Code Description: Motion
Filing Description: Appellee's Unopposed Motion to File Appellee's Brief
Status as of 9/10/2025 4:36 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Barry Abrams barry.abrams@blankrome.com 9/10/2025 4:09:44 PM SENT

Jack Higdon jack.higdon@blankrome.com 9/10/2025 4:09:44 PM SENT

Joshua Huber josh.huber@blankrome.com 9/10/2025 4:09:44 PM SENT

Penny Johnson penny.johnson@blankrome.com 9/10/2025 4:09:44 PM SENT

Gregory J.Moore Greg.Moore@BlankRome.com 9/10/2025 4:09:44 PM SENT

Preston J.Dugas III pdugas@dcclawfirm.com 9/10/2025 4:09:44 PM SENT

Vincent P. Circelli vcircelli@dcclawfirm.com 9/10/2025 4:09:44 PM SENT

Andrew D. Spadoni aspadoni@dcclawfirm.com 9/10/2025 4:09:44 PM SENT

Sarah Arroyo sarroyo@dcclawfirm.com 9/10/2025 4:09:44 PM SENT

Clarissa Rodriguez cmrodriguez@rampagelaw.com 9/10/2025 4:09:44 PM SENT

Liniuse Umunna Liniuse.Umunna@blankrome.com 9/10/2025 4:09:44 PM SENT

Noorhan Chahal noorhan.chahal@blankrome.com 9/10/2025 4:09:44 PM SENT

Yvette Manzano yvette.manzano@blankrome.com 9/10/2025 4:09:44 PM SENT

Christopher W.Caudill Christopher.Caudill@BlankRome.com 9/10/2025 4:09:44 PM SENT