City of Krum, Texas v. Taylor Rice

• Court: Court of Appeals of Texas
• Decided: November 16, 2015
• Docket: 02-15-00342-CV
• Status: Published

Opinion

ACCEPTED FILED: 10/30/2015 5:03:25 PM02-15-00342-CV SECOND COURT OF APPEALS SHERRI ADELSTEIN Denton County DistrictFORT ClerkWORTH, TEXAS 11/16/2015 12:25:53 PM By: Elizabeth Jones, Deputy DEBRA SPISAK CLERK

CAUSE NO. 15-02186-367

TAYLOR RICE § IN THE DISTRICT COURT FILED IN § 2nd COURT OF APPEALS Plaintiff, § FORT WORTH, TEXAS v. § OF DENTON COUNTY, 11/16/2015 TEXAS 12:25:53 PM § DEBRA SPISAK THE CITY OF KRUM, TEXAS, § Clerk § Defendant. § 367th JUDICIAL DISTRICT

NOTICE OF ACCELERATED APPEAL AND AUTOMATIC STAY OF TRIAL COURT PROCEEDINGS

To the Honorable Judge of this Court:

Under Rule 28 of the Texas Rules of Appellate Procedure, appellant City of Krum, the defendant in the above action, files this notice of accelerated appeal to the Second Court of Appeals, Fort Worth, Texas.

Appellant desires to appeal from an interlocutory order entered in the above-styled and numbered case by this court on October 14, 2015. Specifically, appellant is a governmental unit appealing the court’s denial of the relief requested within Defendant’s Plea to the Jurisdiction, Plea in Abatement, and Supporting Brief (filed August 17, 2015).

Under Texas Civil Practice & Remedies Code § 51.014(b), this interlocutory appeal of a denial of a plea to the jurisdiction made by a governmental entity stays all proceedings in the trial court, including but not limited to trial proceedings, pending resolution of the appeal.

This appeal is accelerated under Texas Rule of Appellate Procedure 28.1(a)-(b) and Texas Civil Practice & Remedies Code § 51.014(a)(8).

Date: October 30, 2015. Respectfully submitted,

By: /s/David Overcash Clark McCoy State Bar No. 90001803 cmccoy@wtmlaw.net David Overcash State Bar No. 24075516 david.overcash@wtmlaw.net 2591 Dallas Parkway, Suite 205

NOTICE OF ACCELERATED APPEAL AND AUTOMATIC STAY OF TRIAL COURT PROCEEDINGS Page 1 of 2 Frisco, Texas 75034 972.712.3530 telephone 972.712.3540 facsimile

Lance Vanzant Texas Bar No. 24009746 lvanzant@hbwvlaw.com Jeffrey A. Hines Texas Bar No. 09693000 jhines@hbwvlaw.com 512 W. Hickory, Suite 100 P.O. Box 50149 Denton, Texas 76206 940-387-3518 – Tel. 866-546-9247 – Fax

ATTORNEYS FOR CITY OF KRUM, TEXAS

SERVICE CERTIFICATE

A true and correct copy of this document was electronically served on

October 30, 2015, at approximately the same date and time as this

document was electronically filed, via the methods listed below:

VIA ELECTRONIC FILING AND U.S. CERTIFIED MAIL RRR #7012 2920 0000 4194 4526 Richard Gladden 1200 W. University Dr, Suite 100 Denton, Texas 76201 Phone: (940) 323-9300 Facsimile: (940) 539-0093

___________________________ David Overcash

NOTICE OF ACCELERATED APPEAL AND AUTOMATIC STAY OF TRIAL COURT PROCEEDINGS Page 2 of 2