Pappas Restaurants, Inc. and Pappas Bar-B-Q, Inc. v. State of Texas

Opinion

ACCEPTED

FILED

01-15-00001-CV

12/29/2014 2:58:16 PM

FIRST COURTStan

OF APPEALS

Stanart

HOUSTON,

CountyTEXAS

Clerk

1/6/2015 1:37:54

Harris PM

County

CHRISTOPHER PRINE

CLERK

CSJ: 0050-09-086 PARCEL:2057

FILED IN

CAUSE NO. 1043062 1st COURT OF APPEALS HOUSTON, TEXAS

STATE OF TEXAS § IN THE 1/6/2015 COUNTY 1:37:54

CIVIL PM

COURT

CHRISTOPHER A. PRINE

§ Clerk VS. § AT LAW NO. 4 OF §

PAPPAS RESTAURANTS, INC., A § TEXAS CORPORATION, ET AL. § HARRIS COUNTY, T E X A S

NOTICE OF APPEAL

Defendants, Pappas Restaurants, Inc. (“Pappas Restaurants”) and Pappas

Bar-B-Q, Inc. (“Pappas Bar-B-Q”), hereby give notice that they desire to appeal to

the First or Fourteenth Court of Appeals in Houston, Texas, from the Judgment of

Court in Absence of Objection signed on October 29, 2014 in this case, which is

styled State of Texas vs. Pappas Restaurants, Inc., a Texas Corporation, et al.,

Cause No. 1043062, in the County Civil Court at Law No. 4 of Harris County,

Texas.

As required by the Local Rules Relating to Assignment of Related Cases to

and between the First and Fourteenth Courts of Appeals, counsel certifies that no

appeal or original proceeding has been previously filed in either the First or

Fourteenth Court of Appeals related to this appeal. The form Local Rule Notice of

and Assignment of Related Case in Appeals is being concurrently filed with this

Notice of Appeal.

Respectfully submitted,

/s/ Don C. Griffin VINSON & ELKINS LLP H. Dixon Montague State Bar No. 14277700 dmontague@velaw.com Don C. Griffin State Bar No. 08456975 dgriffin@velaw.com 1001 Fannin Street, Suite 2500 Houston, Texas 77002-6760 Telephone:(713) 758-2086 Facsimile: (713) 615-5461

ATTORNEYS FOR DEFENDANT, PAPPAS RESTAURANTS, INC.

/s/ Anna Sabayrac Marchand Anna Sabayrac Marchand State Bar No. 24060543 Frank Markantonis State Bar No. 12986700 13939 Northwest Freeway, Suite 100 Houston, Texas 77040 Telephone: (713) 863-0611 Facsimile: (713) 863-0523

ATTORNEYS FOR DEFENDANT, PAPPAS BAR-B-Q, INC.

3

CERTIFICATE OF FILING AND SERVICE I hereby certify that on the 29th day of December, 2014, I electronically transmitted the foregoing document to the Clerk of Court using the ECF System for filing. Based on the records currently on file, the Clerk of Court will transmit a Notice of Electronic Filing to all registered counsel of record. All other parties were served as indicated:

Cristina Vudhiwat Via E-Filing, Facsimile, & Assistant Attorney General Certified Mail/Return Receipt Requested Office of the Attorney General P. O. Box 12548 Austin, Texas 78711-2548 Attorneys for Plaintiff

Northwest Crossing Association Via Certified Mail/Return Receipt Requested c/o Association Management, Inc. 5295 Hollister Street Houston, Texas 77040

Christopher A. Prine Via E-filing Clerk, First Court of Appeals 301 Fannin Street Houston, Texas 77002-2066

Christopher A. Prine Via E-filing Clerk, Fourteenth Court of Appeals 301 Fannin Street, Room 245 Houston, Texas 77002

/s/ Don C. Griffin Don C. Griffin

US 3190638v.1