Town of Shady Shores v. Sarah Swanson

• Court: Court of Appeals of Texas
• Decided: November 3, 2015
• Docket: 02-15-00338-CV
• Status: Published

Opinion

ACCEPTED FILED: 10/27/2015 1:59:27 PM 02-15-00338-cv SECOND COURT OF APPEALS SHERRI ADELSTEIN Denton County DistrictFORT ClerkWORTH, TEXAS 11/3/2015 11:34:07 AM By: Kelly Smith, Deputy DEBRA SPISAK Cause No. 14-02914-158 CLERK

SARAH SWANSON, § IN THE DISTRICT COURT § Plaintiff, § FILED IN 2nd COURT OF APPEALS v. § DENTON COUNTY, FORT WORTH,TEXASTEXAS § 11/3/2015 11:34:07 AM TOWN OF SHADY SHORES § DEBRA SPISAK § Clerk Defendant. § 442nd JUDICIAL DISTRICT

DEFENDANT TOWN OF SHADY SHORES’ NOTICE OF ACCELERATED APPEAL

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW Defendant Town of Shady Shores, and gives notice of its desire to take an

accelerated appeal of the 442nd Judicial District Court, Denton County, Texas’, orders denying

Defendant’s No-Evidence and Traditional Motions for Summary Judgment, which sought

dismissal of Plaintiff’s claims based on the Court’s lack of subject matter jurisdiction due to

Defendant’s entitlement to governmental immunity. The orders denying Defendant’s No-

Evidence and Traditional Motions for Summary Judgment were signed on October 21, 2015.

The District Court cause number is 14-02914-158 and the style of the case is Sarah Swanson v.

Town of Shady Shores.

This Accelerated Appeal is taken pursuant to Texas Civil Practice & Remedies Code

§51.014(a)(8) and Rule 28.1 of the Texas Rules of Appellate Procedure. See Austin State Hosp.

v. Graham, 347 S.W.3d 298, 300 (Tex. 2011), citing Tex. Dep't of Criminal Justice v. Simons,

140 S.W.3d 338, 349 (Tex. 2004) and Harris County v. Sykes, 136 S.W.3d 635, 638 (Tex. 2004).

Defendant hereby invokes the automatic stay of all other proceedings in the trial court pending

resolution of this appeal. TEX. CIV. PRAC. & REM. CODE §51.014(b).

This Accelerated Appeal is taken to the Second Court of Appeals at Fort Worth, Texas.

This notice of appeal is filed by the Town of Shady Shores.

27623/494909

001 Respectfully submitted,

FANNING HARPER MARTINSON BRANDT & KUTCHIN, P.C.

/s/ Thomas P. Brandt THOMAS P. BRANDT State Bar No. 02883500 tbrandt@fhmbk.com JOSHUA A. SKINNER State Bar No. 24041927 jskinner@fhmbk.com LAURA O’LEARY State Bar No. 24072262 loleary@fhmbk.com

Two Energy Square 4849 Greenville Ave. Suite 1300 Dallas, Texas 75206 (214) 369-1300 (office) (214) 987-9649 (telecopier)

ATTORNEYS FOR DEFENDANT TOWN OF SHADY SHORES

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing instrument has been served electronically through the Court’s electronic filing manager, mailed, by commercial delivery service, faxed, emailed or hand delivered to all attorneys of record, in compliance with Rule 21a of the Texas Rules of Civil Procedure, on the 27th day of October, 2015.

/s/ Thomas P. Brandt THOMAS P. BRANDT