Michelle Suzanne Smith v. Terry Perry, Benny Perry, and David Perry

• Court: Court of Appeals of Texas
• Decided: December 14, 2015
• Docket: 05-15-01518-CV
• Status: Published

Opinion

05-15-01518-CV Filed: 12/14/2015 3:28:48 PM Yoon Kim District Clerk Collin County, Texas By Sandra Hill Deputy Envelope ID: 8227387 CAUSE NO. 429-03527-2014

TERRY PERRY, BENNY PERRY, § IN THE DISTRICT COURT FILED IN AND DAVID PERRY § 5th COURT OF APPEALS § DALLAS, TEXAS VS. § 12/14/2015 COLLIN COUNTY, 3:54:52 PM TEXAS § LISA MATZ Clerk CORRINNE SMITH, § KYLE PIERRE SMITH, AND § MICHELLE SUZANNE SMITH § 429TH JUDICIAL DISTRICT

MICHELLE SUZANNE SMITH’S NOTICE OF RESTRICTED APPEAL

Pursuant to Texas Rules of Appellate Procedure 25.1 and 30, Appellant Michelle

Suzanne Smith, a Defendant in the above action, files this notice of restricted appeal to

the Fifth Court of Appeals of Texas in Dallas, Texas.

On October 13, 2015, the 429th Judicial District Court of Collin County, Texas

signed an Order on Plaintiff’s Motion for No-Answer Default Judgment as to Defendant,

Michelle Suzanne Smith (the “Judgment”) in Cause Number 429-03527-2014, styled

Terry Perry, Benny Perry, and David Perry vs. Corrine Smith, Kyle Pierre Smith, and

Michelle Suzanne Smith. Appellant Michelle Suzanne Smith desires to appeal this

Judgment.

Appellant Michelle Suzanne Smith is a party affected by the trial court's judgment

but the Appellant did not participate, in person or through counsel, in the hearing that

resulted in the Judgment of which Appellant complains. Appellant did not timely file a

post-judgment motion, a request for findings of fact and conclusions of law, or a notice

of appeal in this action.

NOTICE OF RESTRICTED APPEAL Page 1 I:\00919\2060\10K7260.DOCX Respectfully submitted,

McDONALD SANDERS, P.C. 777 Main Street, Suite 1300 Fort Worth, Texas 76102 Phone: (817) 336-8651 Metro: (817) 429-1150 Fax: (817) 334-0271

By: /s/ Greg S. Hargrove Greg S. Hargrove State Bar No. 09001500 gsh@mcdonaldlaw.com Kathy Kassabian State Bar No. 24077807 kmk@mcdonaldlaw.com

ATTORNEYS FOR DEFENDANT MICHELLE SUZANNE SMITH

CERTIFICATE OF SERVICE

This is to certify that on the 14th day of December, 2015 a true and correct copy of the foregoing document has been served on all the parties listed below, as follows:

Robert L. Crill Via: Crill Law Firm Electronic Filing Manager 1221 N I35 East In Person Carrollton TX 75006 U.S. Mail 817-887-1604 (Fax) Commercial Delivery Service Fax Steven R. Samples Email Samples Law Group Other (as directed by the Court) 2605 Airport Freeway, Suite 100 Fort Worth, Texas 76111 855-605-1505 (Fax)

/s/ Greg S. Hargrove Greg S. Hargrove

NOTICE OF RESTRICTED APPEAL Page 2 I:\00919\2060\10K7260.DOCX