Abbie Gail Byrd v. JNH Food, LLC D/B/A Pizza Hut ( 2015 )

FILED
DALLAS COUNTY
05-15-00364-CV 3/11/2015 1:26:05 PM
FELICIA PITRE
DISTRICT CLERK
CAUSE NO. DC-1407493
ABBIE GAIL BYRD § IN THE DISTRICT COURT
RECEIVED IN
Plaintiff, § 5th COURT OF APPEALS
§ DALLAS, TEXAS
V. § DALLAS COUNTY,3/25/2015
TEXAS 11:30:17 AM
§ LISA MATZ
JNH FOOD, LLC d/b/a PIZZA HUT; § Clerk
Defendants. § 95TH JUDICIAL DISTRICT COURT
NOTICE OF APPEAL
This Notice of Appeal is filed by ABBIE GAIL BYRD, Plaintiff/Petitioner, a party to this
proceeding who seeks to alter the trial court’s judgment or other appealable order.
1. The trial court, cause number, and style of this case are as shown in the caption
above.
2. ABBIE GAIL BYRD appeals to the Fifth District Court of Appeals.
3. The judgment or order appealed from was signed on Wednesday, November 12,
2014 in Cause No. DC-14-07493.
4. This case was severed from Cause No. DC-14-07439 on February 21, 2015.
5. ABBIE GAIL BYRD desires to appeal from the summary judgment ruling in
favor of JNH FOOD, LLC. More specifically, ABBIE GAIL BYRD desires to
appeal the trial court’s ruling regarding the controlling question of law as to
which there is a substantial ground for difference of opinion in that whether the
injury to Plaintiff occurred within the scope and/or course of her employment.
There is a substantial ground for difference of opinion based on the facts of this
case and the determination of this question of law will determine whether Plaintiff
has a cause of action against Defendant, JNH FOOD, LLC, or if Plaintiff is barred
by Worker’s Compensation from bringing this suit.
Respectfully submitted,
Nag & Scalise
1030 N. Davis Dr., Arlington TX 76012
T: (817) 900-2823 | F: (817) 585-4781
Notice of Appeal 1
Jayson Nag
By: ____________________________________
Jayson Nag
Attorney for Petitioner, ABBIE GAIL BYRD
State Bar No.: 24075545
Email: jayson@arlingtontexaslegal.com
Certificate of Service
I certify that a true copy of this Notice of Appeal was served in accordance with the
Texas Rules of Civil Procedure on March 11, 2015.
Jayson Nag
__________________________________
Jayson Nag
Attorney for Petitioner, ABBIE GAIL BYRD
Timothy U. Stanford
Downs & Stanford, P.C.
2001 Bryan Street, Suite 4000
Dallas, Texas 75201
Notice of Appeal 2