Summit Industrial Construction LLC v. Utica East Ohio Midstream, LLC.

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ACCEPTED 2015-03174 FIRST COURT OF APPEALS HOUSTON, TEXAS 4/3/2015 12:00:45 PM CHRISTOPHER PRINE CLERK CAUSE NO. 2015-03174 UTICA EAST OHIO MIDSTREAM, LLC., § IN THE DISTRICT COURT FILED IN § 1st COURT OF APPEALS Plaintiff, § HOUSTON, TEXAS § 4/3/2015 12:00:45 PM vs. § OF HARRIS COUNTY, TEXAS CHRISTOPHER A. PRINE Clerk § SUMMIT INDUSTRIAL CONSTRUCTION, LLC, § § Defendant. § 190th JUDICIAL DISTRICT DEFENDANT SUMMIT INDUSTRIAL CONSTRUCTION LLC’S NOTICE OF ACCELERATED APPEAL Pursuant to Rules 25 and 26 of the Texas Rules of Appellate Procedure, Summit Industrial Construction LLC gives notice of its desire to appeal the Order Granting Utica East Ohio Midstream LLC’s Request for Temporary Injunction, signed on March 17, 2015. The appeal of this interlocutory order is authorized by Section 51.014(a)(4) of the Texas Civil Practice and Remedies Code and this appeal is accelerated. This appeal is taken to either the First Court of Appeals or the Fourteenth Court of Appeals. The Local Rule Notice of and Assignment of Related Case in Appeals certification is attached as Attachment 1. Respectfully submitted, FORD NASSEN & BALDWIN P.C. 111 Congress Ave., Suite 1010 Austin, Texas 78701 512.236.0009 (telephone) 512.236.0682 (facsimile) rcfisk@fordnassen.com By: /s/ R. Carson Fisk R. Carson Fisk Texas State Bar No. 24043659 Attorneys for Defendant Summit Industrial Construction LLC Page 1 of 2 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this document has been sent to the following persons via first class mail and/or electronic service on March 30, 2015: Counsel for Utica East Ohio Midstream L.L.C. Scott D. Marrs, Andrew B. McGill, and Scott R. Davis Beirne Maynard and Parsons L.L.P. 1300 Post Oak Blvd., Suite 2500 Houston, Texas 77056 By: /s/ R. Carson Fisk R. Carson Fisk Page 2 of 2 Local Rule Notice of and Assignment of Related Case in Appeals As required by the Local Rules Relating to Assignment of Related Cases to and Transfers of Related Cases between the First and Fourteenth Courts of Appeals, I certify that the following related appeal or original proceeding has been previously filed in either the First or Fourteenth Court of Appeals: ■ None □ Caption: N/A Trial court case number: N/A Appellate court case number: N/A /s/ R. Carson Fisk [Signature of certifying attorney or pro se party] March 30, 2015 [Date] Note: See Local Rules for the definitions of “underlying case,” “related,” and “previously filed.” Attachment 1