Bob Deuell v. Texas Right to Life Committee, Inc. ( 2015 )

ACCEPTED
2014-32179
FIRST7/13/2015
COURT6:03:40 PM
OF APPEALS
Chris Daniel - District Clerk Harris County
HOUSTON, TEXAS
Envelope No. 6047614
7/16/2015 2:07:56 PM
By:CHRISTOPHER
Phyllis Washington
PRINE
Filed: 7/13/2015 6:03:40 PM CLERK
NO. 2014-32179
TEXAS RIGHT TO LIFE § IN THE DISTRICT COURT
COMMITTEE, INC. § FILED IN
1st COURT OF APPEALS
§ HOUSTON, TEXAS
v. § 152No JUDICIAL DISTRICT
7/16/2015 2:07:56 PM
§ CHRISTOPHER A. PRINE
BOB DEUELL § HARRIS COUNTY, Clerk TEXAS
DEFENDANT'S NOTICE OF INTERLOCUTORY APPEAL
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES Defendant, BOB DEUELL, and files this Notice of Interlocutory Appeal,
pursuant to Texas Rules ofAppellate Procedure Sections 26.1 (b) and 28.1, from the Distiict Court' s
Order Denying Defendant' s Motion to Dismiss issued on July 1, 2015. Defendant would
respectfully show the Comi the following:
On June 19, 2015, the Court held a hearing on Defendant's Motion to Dismiss pursuant to
Chapter 27 of the Texas Civil Practice & Remedies Code. On July 1, 2015, the Comi issued an
Order denying Defendant's Motion to Dismiss. A true and c01rect copy of the Order is attached as
Exhibit "A." On July 13, 2015, Defendant received notice of the Order and this Notice of
Interlocutory Appeal followed .
Defendant hereby appeals to this Court's jmisdiction as Defendant asse1is that this case
should have been dismissed pursuant to a motion to dismiss under the Texas Citizen Participation
Act codified at Chapter 27 of the Texas Civil Practice & Remedies Code. Defendant intends this
Interlocutory Appeal to be accelerated in accordance with Rule 28.1 of the Texas Rules ofAppellate
Procedure and as required under Texas Civil Practice & Remedies Code§ 27.008(a).
Defs Notice of Appeal Page 1
Defendant would further show the Court that this appeal stays commencement of a trial and
all other proceedings in the trial court pending resolution of the interlocutory appeal in the First
Court of Appeals, Houston, Texas pursuant to Section 5 l .Ol 4(b ), Texas Civil Practice and Remedies
Code.
SIGNED this 13th day of July, 2015.
Respectfully submitted,
Denton Navarro Rocha Bernal Hyde & Zech, P.C.
attorneys & counselors at law• rampagelaw . com
A Professional Corporation
2500 W. William Cannon Drive, Suite 609
Austin, Texas 78745
512/279-6431
512/279-6438 (Facsimile)
george.hyde@rampage-aus.com
scott.tschirhart@rampage-aus.com
By:
GEORGE E. HYDE
State Bar No. 45006157
SCOTT M. TSCHIRHART
State Bar No. 24013655
Counsel for Def endant Bob Deuell
Def s Notice of Appeal Page2
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing instrument has been served
upon the below named individual(s) as indicated, and according to the Texas Rules of Civil
Procedure on the 13th day of July, 2015.
James E. "Trey" Trainor, III Electronic Notification
BEIRNE, MAYNARD &PARSON, L.L.P.
401 W. 15th Street, Suite 845
Austin, TX 78701
Joseph M. Nixon Electronic Notification
BEIRNE, MAYNARD & PARSON, L.L.P.
1300 Post Oak Blvd., 25th Floor
Houston, TX 77056-3000
GEORGE E. HYDE
SCOTT M. TSCHIRHART
Def s Notice of Appeal Page 3
Pl FILED
J)J:SfV! y Chris Danial
District Clerk
CAUSE NO. 2014-32179
JUL 0 t 2015
Time:.~.....,_-.--...--~,...-~­
Harrla County, TexH
TEXAS RIGHT TO LIFE COMMITIEE, § IN THE DISTilK'T CQI TRI OF
Deputy
INC. §
§
v. § HARRIS COUNTY, TEXAS
§
BOB DEUELL § 152"d JUDICIAL DISTRICT
ORDER
O§n this date came on to be heard Defendants' Motion to Dismiss pursuant to Tex. Civ.
Prac. Code §27.003, and this court, after considering the pleadings and arguments of counsel,
finds that this motion should be denied.
Signed July 1, 2015.
R~
Presiding Judge
EXHIBIT
I 4