Karen Misko v. Tracy Johns

• Court: Court of Appeals of Texas
• Decided: May 21, 2018
• Docket: 05-18-00487-CV
• Status: Published

Opinion

ACCEPTED 05-18-00487-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 5/21/2018 11:54 AM LISA MATZ CLERK

NO. 05-18-00487-CV

IN THE COURT OF APPEALS FILED IN 5th COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS DALLAS, TEXAS DALLAS, TEXAS 5/21/2018 11:54:44 AM LISA MATZ KAREN MISKO, Clerk Appellant

v.

TRACY JOHNS, Appellee

On Accelerated Interlocutory Appeal from the 429TH District Court of Collin County, Texas Cause No. 429-01844-2013 The Honorable Jill Willis, Presiding

SECOND AMENDED NOTICE OF ACCELERATED INTERLOCUTORY APPEAL

Joe Sibley State Bar No. 24047203 sibley@camarasibley.com CAMARA & SIBLEY, L.L.P. 4400 Post Oak Blvd., Suite 2700 Houston, Texas 77027 (713) 966-6789 – Telephone (713) 583-1131 – Facsimile COUNSEL FOR APPELLANT TO THE HONORABLE COURT OF APPEALS:

1. Under Texas Rule of Appellate Procedure 25.1(b), Appellant hereby files

her Second Amended Notice of Accelerated Interlocutory Appeal as follows:

2. Pursuant to Tex. Civ. Prac. & Rem. Code 51.014(a)(12), Plaintiff Karen

Misko desires to appeal the trial court’s Order Denying Defendant’s Motion to

Dismiss under the Texas Citizen’s Participation Act (“TCPA”) dated May 1, 2018

(“Order”), which was later reduced to written Order on May 14, 2018, and the trial

court’s written order overruling Misko’s Objections to TCPA Evidence (only as to

paragraph 8 of Redding Declaration) dated May 1, 2018 to the Fifth Court of

Appeals.

3. Notice is further given that, because this is an accelerated interlocutory

appeal of a denial of a Motion filed under the TCPA, pursuant to Tex. Civ. Prac. &

Rem. Code 51.014(b), this Notice of Appeal hereby stays all further proceedings in

the trial court pending resolution of the appeal.

3. This second amended notice of appeal includes reference to the Court’s

written Order on the TCPA Motion, which was reduced to written order on May 14,

2018 and references the ruling on from the bench on May 1, 2018.

1 Respectfully submitted,

CAMARA & SIBLEY, L.L.P.

By: /s/ Joe Sibley Joe Sibley State Bar No. 24047203 sibley@camarasibley.com 4400 Post Oak Pkwy, Suite 2700 Houston, Texas 77027 (713) 966-6789 – Telephone (713) 583-1131 – Facsimile

ATTORNEYS FOR APPELLANT

CERTIFICATE OF SERVICE

I hereby certify that on this 21st day of May, 2018, a true and correct copy of this Second Amended Notice of Accelerated Interlocutory Appeal was sent by Eservice to the following individuals:

AMY B. GANCI State Bar No. 07611600 Email: aganci@gancilaw.com GANCI, LLP 6688 North Central Expressway Suite 1050 Dallas, Texas 75206 Telephone: (214) 969-7373 Facsimile: (214) 969-7648 ATTORNEYS FOR APPELLEE

/s/ Joe Sibley Joe Sibley