Rooftop Group USA, Inc. v. Shopper Events LLC

Opinion

ACCEPTED 14-15-01040-CV FOURTEENTH COURT OF FILED APPEALS 12/4/2015 4:03:19 PM HOUSTON, TEXAS Stan12:00:00 12/21/2015 Stanart AM County Clerk CHRISTOPHER PRINE Harris County CLERK

NO. 1061040

SHOPPER EVENTS, LLC § IN THE COUNTY COURT FILED IN § 14th COURT OF APPEALS Plaintiff, § HOUSTON, TEXAS § 12/21/2015 9:06:00 AM v. § AT LAW NO. THREE (3) CHRISTOPHER A. PRINE § Clerk ROOFTOP GROUP USA, INC. § dba Rooftop Brands § § Defendant. § HARRIS COUNTY, TEXAS

DEFENDANT ROOFTOP GROUP USA, INC.’S NOTICE OF APPEAL FOR RESTRICTED APPEAL

1. Defendant Rooftop Group USA, Inc. (“Rooftop”) desires to appeal from the Final

Default Judgment signed by this Court on August 19, 2015.

2. Defendant Rooftop appeals to either the First or Fourteenth Court of Appeals.

3. Defendant Rooftop is a party affected by the Final Default Judgment of this

Court.

4. Defendant Rooftop did not participate, personally or through an attorney, in the hearing that resulted in the Final Default Judgment that it is appealing.

5. Defendant Rooftop did not timely file any postjudgment motions, a request for findings of fact and conclusions of law, or a Notice of Appeal. Respectfully submitted this 4th day of December, 2015,

/s/Charles J. Rogers Charles J. Rogers Texas State Bar No. 00786205 Conley Rose, P.C. 1001 McKinney Street, Suite 1800 Houston, Texas 77002-6421 Telephone: (713) 238-8049 Facsimile: (713) 238-8008 CRogers@conleyrose.com

ATTORNEY FOR DEFENDANT ROOFTOP GROUP USA, INC.

2 CERTIFICATE OF SERVICE

I hereby certify that on this 4th day of December, 2015, I served the foregoing Defendant

Rooftop Group USA, Inc.’s Notice of Appeal for Restricted Appeal on the Plaintiff by serving

its attorney listed below by e-mail pursuant to Rule 21a of the Texas Rules of Civil Procedure.

********* Stephen E. Price SPrice@freedmanprice.com Freedman & Price PC 105 West 8th Street Austin Texas 78701 Attorney for Plaintiff Shopper Events, LLC *********

/s/Charles J. Rogers Charles J. Rogers

3 FILED 12/8/2015 2:42:04 AM Stan Stanart County Clerk Harris County

SHOPPER EVENTS, LLC § IN THE COUNTY COURT § Plaintiff, § § v. § AT LAW NO. THREE (3) § ROOFTOP GROUP USA, INC. § dba Rooftop Brands § § Defendant. § HARRIS COUNTY, TEXAS

NOTICE OF AND ASSIGNMENT OF RELATED CASE IN APPEALS SUPPLEMENT TO NOTICE OF APPEAL

Pursuant to Local Rule 1.4 of the First and Fourteenth Courts of Appeals, Defendant

Rooftop Group USA, Inc. (“Rooftop”) states that it has not previously filed a related appeal or

original proceeding in either the First or Fourteenth Court of Appeals.

Respectfully submitted this 8th day of December, 2015,

/s/Charles J. Rogers Charles J. Rogers Texas State Bar No. 00786205 Conley Rose, P.C. 1001 McKinney Street, Suite 1800 Houston, Texas 77002-6421 Telephone: (713) 238-8049 Facsimile: (713) 238-8008 CRogers@conleyrose.com

ATTORNEY FOR DEFENDANT ROOFTOP GROUP USA, INC. CERTIFICATE OF SERVICE

I hereby certify that on this 8th day of December, 2015, I served the foregoing Notice of

and Assignment of Related Case in Appeals - Supplement to Notice of Appeal on the Plaintiff

by serving its attorney listed below electronically through the electronic-filing manager pursuant

to Rule 21a(a)(1) of the Texas Rules of Civil Procedure.

********* Stephen E. Price SPrice@freedmanprice.com Freedman & Price PC 105 West 8th Street Austin Texas 78701 Attorney for Plaintiff Shopper Events, LLC *********