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Town of Shady Shores v. Sarah Swanson ( 2015 )


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  •                                                                                                             ACCEPTED
FILED: 10/27/2015 1:59:27 PM 02-15-00338-cv
SECOND COURT OF APPEALS
SHERRI ADELSTEIN
Denton County DistrictFORT
ClerkWORTH, TEXAS
11/3/2015 11:34:07 AM
By: Kelly Smith, Deputy
DEBRA SPISAK
Cause No. 14-02914-158                                                     CLERK
SARAH SWANSON,                                 §                IN THE DISTRICT COURT
§
Plaintiff,                      §                             FILED IN
2nd COURT OF APPEALS
v.                                             §                DENTON COUNTY,
FORT WORTH,TEXASTEXAS
§                      11/3/2015 11:34:07 AM
TOWN OF SHADY SHORES                           §                           DEBRA SPISAK
§                               Clerk
Defendant.                      §                442nd JUDICIAL DISTRICT
DEFENDANT TOWN OF SHADY SHORES’ NOTICE OF ACCELERATED APPEAL
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW Defendant Town of Shady Shores, and gives notice of its desire to take an
accelerated appeal of the 442nd Judicial District Court, Denton County, Texas’, orders denying
Defendant’s No-Evidence and Traditional Motions for Summary Judgment, which sought
dismissal of Plaintiff’s claims based on the Court’s lack of subject matter jurisdiction due to
Defendant’s entitlement to governmental immunity.        The orders denying Defendant’s No-
Evidence and Traditional Motions for Summary Judgment were signed on October 21, 2015.
The District Court cause number is 14-02914-158 and the style of the case is Sarah Swanson v.
Town of Shady Shores.
This Accelerated Appeal is taken pursuant to Texas Civil Practice & Remedies Code
§51.014(a)(8) and Rule 28.1 of the Texas Rules of Appellate Procedure. See Austin State Hosp.
v. Graham,
    347 S.W.3d 298
    , 300 (Tex. 2011), citing Tex. Dep't of Criminal Justice v. Simons,
    140 S.W.3d 338
    , 349 (Tex. 2004) and Harris County v. Sykes,
    136 S.W.3d 635
    , 638 (Tex. 2004).
Defendant hereby invokes the automatic stay of all other proceedings in the trial court pending
resolution of this appeal. TEX. CIV. PRAC. & REM. CODE §51.014(b).
This Accelerated Appeal is taken to the Second Court of Appeals at Fort Worth, Texas.
This notice of appeal is filed by the Town of Shady Shores.
27623/494909
001
Respectfully submitted,
FANNING HARPER MARTINSON
BRANDT & KUTCHIN, P.C.
/s/ Thomas P. Brandt
THOMAS P. BRANDT
State Bar No. 02883500
tbrandt@fhmbk.com
JOSHUA A. SKINNER
State Bar No. 24041927
jskinner@fhmbk.com
LAURA O’LEARY
State Bar No. 24072262
loleary@fhmbk.com
Two Energy Square
4849 Greenville Ave. Suite 1300
Dallas, Texas 75206
(214) 369-1300 (office)
(214) 987-9649 (telecopier)
ATTORNEYS FOR DEFENDANT
TOWN OF SHADY SHORES
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing instrument has been served
electronically through the Court’s electronic filing manager, mailed, by commercial delivery
service, faxed, emailed or hand delivered to all attorneys of record, in compliance with Rule 21a
of the Texas Rules of Civil Procedure, on the 27th day of October, 2015.
/s/ Thomas P. Brandt
THOMAS P. BRANDT
27623/494909
002