Paul Levatino v. Apple Tree Cafe Touring, Inc. and Erica Wright

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ACCEPTED FILED Bridgette Vation 05-15-00614-CV DALLAS COUNTY 05-15-00614-CV FIFTH COURT OF4:33:21 5/12/2015 APPEALS DALLAS, FELICIATEXAS PM PITRE 5/18/2015 4:41:54 DISTRICT PM CLERK LISA MATZ CLERK CIVIL ACTION NO. DC-14-12742 APPLE TREE CAFÉ TOURING, INC. § IN THE DISTRICT COURT RECEIVED IN and ERICA WRIGHT § 5th COURT OF APPEALS Plaintiffs and Counter-Defendants, § DALLAS, TEXAS § 44TH JUDICIAL DISTRICT 5/18/2015 4:41:54 PM v. § LISA MATZ § Clerk PAUL LEVATINO, § DALLAS COUNTY, TEXAS Defendant and Counter-Plaintiff. LEVATINO’S NOTICE OF ACCELERATED APPEAL OF THE TRIAL COURT’S ORDER DENYING ANTI-SLAPP MOTION TO DISMISS Pursuant to Tex. R. App. P. 25.1 (a), Defendant and Counter-Plaintiff Paul Levatino (“Levatino”) hereby gives notice of appeal to the Fifth District Court of Appeals Dallas, Texas from the Order denying Levatino’s Anti-SLAPP motion to dismiss, entered on April 23, 2015 in the above-styled and numbered cause. This interlocutory appeal is brought pursuant to the statutory authority in Tex. Civ. Practice & Rem. Code § 27.008 (b), which requires expedited appeal, whether interlocutory or not, from a trial court order on a motion to dismiss a legal action under Tex. Civ. Practice & Rem. Code § 27.003. This interlocutory appeal is also brought pursuant to Tex. Civ. Practice & Rem. Code § 51.014(12). Consequently, notice is hereby given that this is an accelerated appeal. Tuesday, May 12, 2015 Levatino’s Notice of Accelerated Appeal Page 1 Respectfully Submitted by: /s/ Joseph H. Gillespie Joseph H. Gillespie (Attorney-in-Charge) State Bar No. 24036636 GILLESPIE SANFORD LLP 4925 Greenville Ave., Suite 200 Dallas, Texas 75206 214.800.5114 214.838.0001 (fax) ATTORNEY FOR PLAINTIFF CERTIFICATE OF SERVICE The undersigned hereby certifies that the above and foregoing was served upon opposing counsel of record on Tuesday May 12, 2015 via electronic delivery from the E-File System. /s/ Joseph H. Gillespie Joseph H. Gillespie (Attorney-in-Charge) State Bar No. 24036636 Levatino’s Notice of Accelerated Appeal Page 2