Texas Department of Transportation v. Haley Brown

Filed 10/7/2015 2:04:36 PM Shawntel Golden District Clerk Lamar County, Texas Jennifer Frazier NO. 82395 HALEY BROWN § FILED COURT IN THE DISTRICT IN § 6th COURT OF APPEALS TEXARKANA, TEXAS v. § 10/20/2015 9:55:00 AM § OF LAMAR COUNTY, TEXAS DEBBIE AUTREY RK HALL CONSTRUCTION, § Clerk LTD § RKH CAPITAL, LLC, § STACY LYON d/b/a LYON § BARRICADE& § CONSTRUCTION, and § TEXAS DEPARTMENT OF § TRANSPORTATION § 62ND JUDICIAL DISTRICT NOTICE OF INTERLOCUTORY APPEAL TO THE CLERK OF THE COURT: COMES NOW, the Defendant, Texas Department of Transportation ("TxDOT"), and gives this Notice of Interlocutory Appeal from the Order Denying Defendant Texas Department of Transportation's Motion to Dismiss for Lack of Jurisdiction and No Evidence Motion for Summary Judgment ("Order") of the Honorable Will Biard, between the Plaintiff, Haley Brown and TxDOT, in the above captioned cause, signed on September 23, 2015, and filed with you on that same date. This Notice of Interlocutory Appeal is being filed pursuant to Tex. Civ. Prac. & Rem Code §51.014(a)(8). And, pursuant to Tex. R. App. P. 28.1(a), this is an accelerated appeal. Accordingly, and pursuant to Tex. R. App. P. 26.1, this appeal is being filed within twenty days of the Court's signing of the above Order. This appeal is taken to the Sixth Court of Appeals at Texarkana, Texas. Respectfully submitted, KEN PAXTON Attorney General of Texas CHARLES E. ROY First Assistant Attorney General JAMES E. DAVIS Deputy Attorney General for Civil Litigation RANDALL K. IDLL Assistant Attorney General Chief, Transportation Division Is/ Garland Williams GARLAND WILLIAMS Assistant Attorney General State Bar No. 24079580 Transportation Division P.O. Box 12548 Austin, Texas 78711-2548 (512) 463-2004 T (512) 472-3855 F garland. williams@texasattorneygeneral.gov ATTORNEYS FOR DEFENDANT THE TEXAS DEPARTMffiNT OF TRANSPORTATION 2 CERTIFICATE OF SERVICE This is to certify that on the 7th day of October, 2015, a true and correct copy of the foregoing Notice of Interlocutory Appeal has been sent to the following: Dale H. Henley Mayo Mendolia & Vice, L.L.P ., 5368 State Highway 276 Royse City, Texas 75189-5738 Ed Carlton Quilling, Selander, Lownds, Winslett & Moser, P.C. 2001 Bryan St., Suite 1800 Dallas, Texas 75201 Brett Myers David Goodman & Madole Two Lincoln Tower 5420 LBJ Freeway, Suite 1200 Dallas, Texas 75240 Is/ Garland Williams GARLAND WILLIAMS Assistant Attorney General 3