Bob Deuell v. Texas Right to Life Committee, Inc.

Opinion

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