John David Adams v. Starside Custom Builders, LLC

ACCEPTED
05-15-01162-CV
05-15-01162-CV Filed: 9/22/2015 5:04:05
Andrea S. Thompson
FIFTHPMCOURT OF APPEALS
DALLAS, TEXAS
District Clerk 10/6/2015 3:54:53 PM
Collin County, Texas LISA MATZ
By Sandra Hill Deputy CLERK
Envelope ID: 7045214
NO. 416-01104-2015

STARSIDE CUSTOM BUILDERS, LLC, § IN THE DISTRICT COURT
RECEIVED IN
§ 5th COURT OF APPEALS
Plaintiff, § DALLAS, TEXAS
§ 10/6/2015 3:54:53 PM
v. § 416th JUDICIAL DISTRICT
LISA MATZ
§ Clerk
JOHN DAVID ADAMS, and §
DARA A. ADAMS, §
§
Defendants. § COLLIN COUNTY, TEXAS

DEFENDANT JOHN DAVID ADAMS’ NOTICE OF EXPEDITED APPEAL

TO THE HONORABLE JUDGE OF THIS COURT:

Plaintiff John David Adams, under the authority of Rule 25 TRAP, files this notice of

appeal.

1. A motion to dismiss (Defendant John David Adams’ First Supplemental Motion
to Dismiss) was brought by Defendant against Plaintiff pursuant to Chapter 27 of
the Texas Civil Practice and Remedies Code. A hearing was held on such motion
on August 14, 2015. The statutory deadline for the Court to rule on the motion
was on September 14, 2015.

2. The 416th Judicial District Court in Collin County, Texas failed to rule on
Defendant John David Adams’ First Supplemental Motion to Dismiss in Cause
No. 416-01104-2015 styled, Starside Custom Builders, LLC v. John David
Adams and Dara A. Adams.

3. From this denial of Defendant John David Adams’ First Supplemental Motion to
Dismiss by operation of law, Defendant John David Adams desires to appeal to
the Fifth District Court of Appeals, in Dallas, Texas. Such appeal is interlocutory.

4. The appeal of this case is an expedited and/or accelerated appeal, pursuant to
Section 27.008 of the Texas Civil Practice and Remedies Code.

SIGNED this 22nd day of September, 2015.

JOHN DAVID ADAMS’ NOTICE OF EXPEDITED APPEAL PAGE 1
 Respectfully submitted,

THE SUSTER LAW GROUP, PLLC
1316 Village Creek Dr., Ste. 500
Plano, Texas 75093-4461
Telephone: (972) 380-0130
Facsimile: (972) 380-4517
Email: office@susterlaw.com

/s/ Israel Suster___________________
Israel Suster
State Bar No. 19523580

ATTORNEY FOR DEFENDANT
JOHN DAVID ADAMS

CERTIFICATE OF SERVICE

This is to certify that on September 22, 2015, a true and correct copy of Defendant John
David Adams’ Notice of Expedited Appeal was served on the following:

Nathan Allen, Jr. VIA ELECTRONIC SERVICE
Jones, Allen & Fuquay, LLP
8828 Greenville Avenue
Dallas, Texas 75243

Attorney for Plaintiff

Byron Henry VIA ELECTRONIC SERVICE
Cowles & Thompson
901 Main St, Suite 3900
Dallas, TX 75202

Attorney for Defendant Dara A. Adams

/s/ Israel Suster___________________
Israel Suster

JOHN DAVID ADAMS’ NOTICE OF EXPEDITED APPEAL PAGE 2