ACCEPTED
06-15-00099-CV
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
12/2/2015 4:38:45 PM
DEBBIE AUTREY
CLERK
CAUSE NO. 84841
HALEY BROWN § IN THE DISTRICT COURT
FILED IN
Plaintiff, § 6th COURT OF APPEALS
§ TEXARKANA, TEXAS
vs. § 12/2/2015
LAMAR COUNTY, 4:38:45 PM
TEXAS
§ DEBBIE AUTREY
Clerk
RK HALL CONSTRUCTION, LTD. §
STACY LYON d/b/a LYON BARRICADE §
CONSTRUCTION §
Defendants. § 62ND JUDICIAL DISTRICT
PLAINTIFF / APPELLANT HALEY BROWN’S
NOTICE OF APPEAL
TO THE HONORABLE COURT:
COMES NOW, HALEY BROWN, Plaintiff herein, and Appellant on appeal, and hereby
gives notice of her intent to appeal the trial court’s Order Granting Traditional and No Evidence
Motions for Summary Judgment of RK Hall Construction, Ltd. and Stacy Lyon d/b/a Lyon Barricade
& Construction, which was signed and entered by this court on August 27, 2015. Tex. R. Civ. P.
25.1(d)(3),(5) (West 2015).
I
NOTICE OF APPEAL
1.1. The Order appealed from is the Order Granting Traditional and No Evidence Motions
for Summary Judgment of RK Hall Construction, Ltd. (“RK Hall”) and Stacy Lyon d/b/a Lyon
Barricade & Construction, (“Lyon”) signed by the Hon. Will Biard, 62nd Judicial District Court of
Lamar County, Texas, on August 27, 2015. (the “Appealed Order”). Tex. R. Civ. P. 25.1(d)(1), (2)
(West 2015).
1.2 This appeal is timely filed because the Appealed Order did not become a final,
appealable order until September 17, 2015, when the trial court signed its Order Granting Defendants
Plaintiff / Appellant Haley Brown’s Notice of Appeal Page 1
RK Hall Construction, Ltd., and Stacy Lyon d/b/a Lyon Barricade’s Joint Motion for Severance (the
“Severance Order”). Additionally, Plaintiff / Appellant Haley Brown filed her Motion to Modify
Judgment on September 21, 2015, extending to 90 days her time to appeal the trial court’s final
order. Tex. R. App. P. 26.1(a)(2) (West 2015).
1.3 This appeal is taken to the Court of Appeals for the Sixth Appellate District of the
State of Texas. Tex. R. Civ. P. 25.1(d)(4) (West 2015).
II.
PRIOR INTERLOCUTORY APPEAL
2.1 The Appealed Order, in addition to granting relief to Appellees RK Hall and Lyon,
also granted Plaintiff / Appellant Brown the right to seek interlocutory appeal; in response to which,
Plaintiff / Appellant Brown filed her Petition for Interlocutory Appeal in the Court for the Sixth
Appellate District of Texas on September 24, 2015, bearing Appellate Case Number 06-15-00072-
CV. The Court of Appeals for the Sixth Appellate District of Texas denied said Petition on October
15, 2015.
2.2 Therefore, Plaintiff / Appellant calls to the attention of the Court of Appeals for the
Sixth Appellate District of Texas that she took her interlocutory appeal from trial court case number
82395. But, resultant from the effect of the Severance Order, she takes the immediate appeal from
trial court case number 84841, which is the case number assigned by the trial court to all matters
involving the parties to this appeal. The original cause number 82395 remains active at the trial
court, but it involves only matters relevant to Plaintiff and defendant TxDOT, and nothing therein
has any bearing on the instant appeal of the Appealable Order.
Plaintiff / Appellant Haley Brown’s Notice of Appeal Page 2
Respectfully submitted:
MAYO MENDOLIA & VICE, LLP
By:
KEVIN W. VICE
State Bar No. 00785150
Kvice@mmvllp.com
DALE H. HENLEY
State Bar No. 00785150
Dhenley@mmvllp.com
BRIAN L. BENITEZ
State Bar No. 24082679
Bbenitez@mmvllp.com
5368 State Hwy. 276
Royse City, Texas 75189
(469) 402-0450
(469) 402-0461 (Facsimile)
ATTORNEYS FOR PLAINTIFF/ APPELLANT
HALEY BROWN
Plaintiff / Appellant Haley Brown’s Notice of Appeal Page 3
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document has been forwarded
to the following counsel of record, on this 2nd day of December, 2015:
Blair Partlow Via E-File Service
Fox Rothschild, LLP
5420 LBJ Freeway, Suite 1200
Dallas, Texas 75240
Ed Carlton Via E-File Service
Quilling, Selander, Lownds, Winslett & Moser, P.C.
2001 Bryan St., Suite 1800
Dallas, Texas 75201
_________________________________
KEVIN W. VICE
Plaintiff / Appellant Haley Brown’s Notice of Appeal Page 4