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

ACCEPTED 01-15-00617-CV FIRST7/13/2015 COURT6:03:40 PM OF APPEALS Chris Daniel - District Clerk Harris County HOUSTON, TEXAS Envelope No. 6047614 7/24/2015 11:06:03 AM By:CHRISTOPHER Phyllis Washington PRINE Filed: 7/13/2015 6:03:40 PMCLERK 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 7/24/2015 11:06:03 AM § CHRISTOPHER A. PRINE BOB DEUELL § HARRIS COUNTY, ClerkTEXAS 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