Ace Cash Express, Inc. v. Courtney Cox

ACCEPTED FILED 05-15-01425-CV DALLAS COUNTY FIFTH11/20/2015 COURT OF2:49:33 APPEALSPM DALLAS, FELICIATEXAS PITRE 11/23/2015 3:09:44 DISTRICT PM CLERK LISA MATZ CLERK Bridgette Vation CAUSE NO. 15-05455 COURTNEY COX, § IN THE DISTRICT COURT FILED IN § 5th COURT OF APPEALS DALLAS, TEXAS Plaintiff, § 11/23/2015 3:09:44 PM § LISA MATZ v. § OF DALLAS COUNTY, Clerk TEXAS § ACE CASH EXPRESS, INC. § AND JAMES MEDEIROS, § § Defendants. § 95TH JUDICIAL DISTRICT NOTICE OF APPEAL TO THE HONORABLE JUDGE OF THE DISTRICT COURT: Under Section 51.016 1 of the Texas Civil Practice and Remedies Code and Texas Rule of Appellate Procedure 26.1(b), Defendant Ace Cash Express, Inc. hereby gives notice that it is appealing Court’s Order denying its Motion to Compel Arbitration and Brief in Support signed on November 10, 2015. This accelerated appeal is taken to the Fifth Court of Appeals in Dallas, Texas. Dated: November 20, 2015. 1 The Court held that this matter is governed by the Federal Arbitration Act. However, in the event the Texas Arbitration Act is found to apply, Defendant Ace Cash Express alternatively gives notice of this appeal under Texas Civil Practice and Remedies Code § 171.098(a)(1) and/or asks that the Court consider this appeal as a petition for mandamus from the Court’s Order denying its Motion to Compel Arbitration. NOTICE OF APPEAL – PAGE 1 Respectfully submitted, By: /s/ Ryan K. McComber Ryan K. McComber State Bar No. 24041428 ryan.mccomber@figdav.com Amber D. Reece State Bar No. 24079892 amber.reece@figdav.com 901 Main Street, Suite 3400 Dallas, Texas 75202-3796 (214) 939-2000 – Telephone (214) 939-2090 – Facsimile Jennifer McCollum State Bar No. 24053617 jmccollum@acecashexpress.com ACE Cash Express, Inc. 1231 Greenway Drive, Suite 600 Irving, Texas 75038 (972) 550-5000 – Telephone (972) 582-1426 – Facsimile ATTORNEYS FOR DEFENDANT ACE CASH EXPRESS, INC. CERTIFICATE OF SERVICE I certify that this instrument was served on all counsel of record via Texas e-file, on November 20, 2015 /s/ Amber D. Reece Amber D. Reece NOTICE OF APPEAL – PAGE 2