John David Adams v. Starside Custom Builders, LLC

• Court: Court of Appeals of Texas
• Decided: October 6, 2015
• Docket: 05-15-01162-CV
• Status: Published

Opinion

ACCEPTED 05-15-01162-CV 05-15-01162-CV Filed: 9/22/2015 5:04:05 Andrea S. Thompson FIFTHPMCOURT OF APPEALS DALLAS, TEXAS District Clerk 10/6/2015 3:54:53 PM Collin County, Texas LISA MATZ By Sandra Hill Deputy CLERK Envelope ID: 7045214 NO. 416-01104-2015

STARSIDE CUSTOM BUILDERS, LLC, § IN THE DISTRICT COURT RECEIVED IN § 5th COURT OF APPEALS Plaintiff, § DALLAS, TEXAS § 10/6/2015 3:54:53 PM v. § 416th JUDICIAL DISTRICT LISA MATZ § Clerk JOHN DAVID ADAMS, and § DARA A. ADAMS, § § Defendants. § COLLIN COUNTY, TEXAS

DEFENDANT JOHN DAVID ADAMS’ NOTICE OF EXPEDITED APPEAL

TO THE HONORABLE JUDGE OF THIS COURT:

Plaintiff John David Adams, under the authority of Rule 25 TRAP, files this notice of

appeal.

1. A motion to dismiss (Defendant John David Adams’ First Supplemental Motion to Dismiss) was brought by Defendant against Plaintiff pursuant to Chapter 27 of the Texas Civil Practice and Remedies Code. A hearing was held on such motion on August 14, 2015. The statutory deadline for the Court to rule on the motion was on September 14, 2015.

2. The 416th Judicial District Court in Collin County, Texas failed to rule on Defendant John David Adams’ First Supplemental Motion to Dismiss in Cause No. 416-01104-2015 styled, Starside Custom Builders, LLC v. John David Adams and Dara A. Adams.

3. From this denial of Defendant John David Adams’ First Supplemental Motion to Dismiss by operation of law, Defendant John David Adams desires to appeal to the Fifth District Court of Appeals, in Dallas, Texas. Such appeal is interlocutory.

4. The appeal of this case is an expedited and/or accelerated appeal, pursuant to Section 27.008 of the Texas Civil Practice and Remedies Code.

SIGNED this 22nd day of September, 2015.

JOHN DAVID ADAMS’ NOTICE OF EXPEDITED APPEAL PAGE 1 Respectfully submitted,

THE SUSTER LAW GROUP, PLLC 1316 Village Creek Dr., Ste. 500 Plano, Texas 75093-4461 Telephone: (972) 380-0130 Facsimile: (972) 380-4517 Email: office@susterlaw.com

/s/ Israel Suster___________________ Israel Suster State Bar No. 19523580

ATTORNEY FOR DEFENDANT JOHN DAVID ADAMS

CERTIFICATE OF SERVICE

This is to certify that on September 22, 2015, a true and correct copy of Defendant John David Adams’ Notice of Expedited Appeal was served on the following:

Nathan Allen, Jr. VIA ELECTRONIC SERVICE Jones, Allen & Fuquay, LLP 8828 Greenville Avenue Dallas, Texas 75243

Attorney for Plaintiff

Byron Henry VIA ELECTRONIC SERVICE Cowles & Thompson 901 Main St, Suite 3900 Dallas, TX 75202

Attorney for Defendant Dara A. Adams

/s/ Israel Suster___________________ Israel Suster

JOHN DAVID ADAMS’ NOTICE OF EXPEDITED APPEAL PAGE 2