Clerk's notice: case began in the court of appeals¶
Bass v. D'Agostino and McSween, No. DC-2025-CV-1817 / No. 15-26-00132-CV · 2026-06-25 · PDF
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FILE COPY Chief Justice Clerk SCOTT BRISTER MICHAEL A. CRUZ Justices SCOTT FIELD APRIL FARRIS Fifteenth Court of Appeals P.O. Box 12852, AUSTIN, TEXAS 78711 www.txcourts.gov/15thcoa/ 512-463-1610 Thursday, June 25, 2026 Kevin N. Bass * DELIVERED VIA E-MAIL * Sara Smith District Clerk, Lubbock County P O Box 10536 Lubbock, TX 79408-3536 * DELIVERED VIA E-MAIL * RE: Court of Appeals Number: Trial Court Case Number: Scott D. Smith Assistant Attorney General P.O. Box 12548, Capitol Station Austin, TX 78711-2548 * DELIVERED VIA E-MAIL * Annette Goodman Court Reporter, 237th District Court 904 Broadway, Ste 606 Lubbock, TX 79401-3407 * DELIVERED VIA E-MAIL * 15-26-00132-CV DC-2025-CV-1817 Style: Kevin N. Bass v. Darrin D’Agostino, D.O., M.P.H., M.B.A., in his official capacity as Provost and Executive Vice President of Academics of Texas Tech University Health Sciences Center; and Amanda McSween, in her official capacity as Managing Director of Enrollment Services and University Registrar of Texas Tech University Health Sciences Center The Court has been advised that a notice of appeal has been filed by appellant(s). The cause in this Court will bear the number and style shown above. Cases in the Fifteenth Court of Appeals are governed by the Texas Rules of Appellate Procedure (Tex. R. App. P.), which may be accessed on the Court’s website at http://www.txcourts.gov/rules-forms/rules-standards/. The Court provides all notices, orders, or other communications regarding a case by email. All documents filed with this Court must include the filer’s email address in addition to any other information required by the Texas Rules of Appellate Procedure. It is the filer’s responsibility to update the Court with any changes to their email address. At or before the time of a document’s filing, the filing party must serve a copy of the document(s) on all parties to the proceeding. See Tex. R. App. P. 9.5. FILE COPY Section 22.201 of the Texas Government Code was amended, effective September 1, 2023, to create the Fifteenth Court of Appeals. Beginning September 1, 2024, the Fifteenth Court of Appeals will have exclusive intermediate appellate jurisdiction over certain appeals as defined in Section 22.220(d) of the Texas Government Code. The Court requests that the parties confer and advise the Court by motion if they believe the appeal is not subject to this Court’s jurisdiction. Appellant(s) must forward the following item(s) to this Court on or before Monday, July 6, 2026: 1. $205.00 Filing Fee – Unless exempt by law, presumed unable to pay court costs, or having previously paid the required fee, appellant(s) must remit the $205.00 filing fee to prosecute the appeal. See Tex. R. Civ. P. 145 and Tex. R. App. P. 20.1. Failure to remit the filing fee may result in dismissal of the appeal pursuant to Tex. R. App. P. 5 and 42.3. If excused from paying costs under statute or the appellate rules, the Court must be promptly notified. Payment instructions: Payment shall be submitted electronically through the eFileTexas.gov electronic filing system. Unrepresented persons may pay in person at the Clerk’s office or by mailing a money order or check payable to “The State of Texas.” 2. Docketing Statement - Until the clerk’s record is filed, the docketing statement provides essential information about the appeal, including contact information for the parties and details regarding the order being appealed. See Tex. R. App. P. 32. A copy of the docketing statement is available at http://www.txcourts.gov/15thcoa/practicebefore-the-court/forms/. 3. Challenge to Constitutionality of a State Statute - Pursuant to Section 402.010 (a1) of the Texas Government Code, any party challenging the constitutionality of a Texas statute must file a “Challenge to the Constitutionality of a State Statute” form with the court in which the challenge is pending. This form is available at http://www.txcourts.gov/15thcoa/practice-before-the-court/forms/. Only parties challenging the constitutionality of a state statute are required to file this form. Appellant(s) must file a brief no later than 30 days (or 20 days in an accelerated appeal) after the filing of the clerk’s record or reporter’s record, whichever occurs later. See Tex. R. App. P. 38.6(a). More information about the Court’s practices is available at http://www.txcourts.gov/15thcoa/practice-before-the-court/. Note: Tex. R. App. P. 9.6 requires that parties and counsel communicate with the appellate court about a case only through the Clerk of the Court. FILE COPY INFORMATION ABOUT THE APPELLATE RECORD Unless exempt by law or presumed unable to pay court costs, the trial court clerk and court reporter are not required to file the clerk’s and reporter’s records until fees for the preparation of the record have been paid or satisfactory arrangements for payment have been made by appellant(s). See Tex. R. App. P. 35.3(a)(2), (b)(3). If not already done, written requests and arrangements for payment of the following record(s) must be made as soon as possible: 1. Clerk’s Record - The Court may dismiss an appeal for want of prosecution if the clerk’s record is not filed due to the fault of appellant(s). See Tex. R. App. P. 37.3(b) and 42.3. Appellant(s) must make arrangements with the trial court clerk for the clerk’s record and may file a written designation specifying additional items to be included. See Tex. R. App. 34.5(b)(2). 2. Reporter’s Record - Appellant(s) may elect to include a reporter’s record as part of the appellate record by submitting a written request to the court reporter. See Tex. R. App. P. 34.6(b)(1). The request must designate the portions of the proceedings to be included in the record, including any exhibits. A copy of the request must also be filed with the trial court clerk. See Tex. R. App. P. 34.6(b)(2). If a reporter’s record is not filed, the Court may decide the appeal on those issues or points that do not require a reporter’s record. See Tex. R. App. P. 37.3(c). Based on the information currently before the Court, the appellate record is due to be filed by July 24, 2026. See Tex. R. App. P. 35.1. The parties do not need to file a motion to extend time to file either the clerk’s record or the reporter’s record. See Tex. R. App. P. 34.5(b)(1) and 35.3(c). The Court requests that the trial court clerk and court reporter submit a status report to this Court through the Texas Record Submission Portal. The forms are available at http://www.txcourts.gov/15thcoa/practice-before-the-court/forms/. If an extension of time is needed, please indicate this on the form. The completed form should be submitted within seven days of the date of this notice. Sincerely, Michael A. Cruz, Clerk cc: The Honorable Leslie (Les) F. Hatch (DELIVERED VIA E-MAIL) The Honorable Ana Estevez (DELIVERED VIA E-MAIL)