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

Court of Appeals of Texas

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

DecidedMarch 25, 2015

Docket05-15-00364-CV

StatusPublished

This text of Abbie Gail Byrd v. JNH Food, LLC D/B/A Pizza Hut (Abbie Gail Byrd v. JNH Food, LLC D/B/A Pizza Hut) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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Opinion

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

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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

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Abbie Gail Byrd v. JNH Food, LLC D/B/A Pizza Hut, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abbie-gail-byrd-v-jnh-food-llc-dba-pizza-hut-texapp-2015.