ACCEPTED
2015-07842
FIRST COURT OF APPEALS
HOUSTON, TEXAS
12/21/2015
11/25/2015 2:06:34
1:57:36 PM
CHRISTOPHER PRINE
CLERK
CAUSE NO. 2015-07842
FILED IN
HENRY RAWSON, JR. and SUSAN § IN THE DISTRICT COURT
1st COURT OF APPEALS
RAWSON § HOUSTON, TEXAS
§ 12/21/2015 2:06:34 PM
v. § HARRIS COUNTY, TEXAS
CHRISTOPHER A. PRINE
§ Clerk
§
OXEA CORPORATION, et al § 190th JUDICIAL DISTRICT
NOTICE OF APPEAL
Plaintiffs Henry Rawson, Jr. and Susan Rawson (“Plaintiffs”), give notice that they are
appealing the following to the First or Fourteenth Court of Appeals at Houston, Texas:
1. Order Granting Oxea Corporation’s Traditional Summary Judgment Motion,
signed by the Court on September 1, 2015;
2. Order Granting Oxea Corporation’s No Evidence Summary Judgment Motion,
signed by the Court on September 1, 2015;
3. Order Granting Mundy Maintenance and Services, LLC’s Motion for Traditional
and No Evidence Summary Judgment, signed by the Court on September 1, 2015;
4. Order Granting Dashiell Corporation’s Motion for Traditional and No Evidence
Motion for Summary Judgment, signed by the Court on September 1, 2015;
5. Amended Order Granting Oxea Corporation’s No Evidence Summary Judgment
Motion and Traditional Summary Judgment Motion, signed by the Court on September 2, 2015;
6. Amended Order Granting Mundy Maintenance and Services, LLC’s Motion for
Traditional and No Evidence Summary Judgment, signed by the Court on September 2, 2015;
7. Amended Order Granting Defendant Dashiell Corporation’s Motion for
Traditional and No-Evidence Motion for Summary Judgment, signed by the Court on September
2, 2015 1; and
8. All prior and contemporaneous rulings that are merged into the preceding orders
and judgments, including but not limited to rulings on objections to evidence made in connection
with the summary judgment orders listed above and orders striking Plaintiffs’ Amended
Responses and Sur-Replies, as well as the overruling, by operation of law, 2 on November 16,
2015 of Rawson’s Motion for Reconsideration and Motion for New Trial Regarding Defendant
Oxea Corporation’s Hybrid Motion for Summary Judgment, Motion for Reconsideration and
Motion for New Trial Regarding Defendant Mundy Maintenance and Services, LLC’s Motion
for Traditional and No Evidence Summary Judgment, and Motion for Reconsideration and
Motion for New Trial Regarding Defendant Dashiell Corporation’s Traditional and No-Evidence
Motion for Summary Judgment.
As required by the Local Rules Relating to Assignment of Related Cases and to Transfers
of Related Cases, I certify that no related appeal or original proceeding has been previously filed
in either the First or Fourteenth Court of Appeals.
1
The Court signed the preceding Amended Orders (referenced in paragraphs 5, 6, and 7 above) on
September 2, 2015, granting Defendants Dashiell Corporation’s, Oxea Corporation’s, and Mundy
Maintenance and Services, LLC’s traditional and no-evidence summary judgment motions, and
dismissing with prejudice all of Plaintiffs’ claims challenged in those motions. Each Amended Order
further states: “Any new claims against [Defendant] raised in Plaintiffs’ Second Amended Petition filed
on August 31, 2015 are not dismissed under this Order.” However, no new substantive claims were made
in Plaintiffs’ Second Amended Petition against any Defendant. Therefore, the Court’s September 1 and 2,
2015 orders dispose of all of Plaintiffs’ claims against all parties in this case.
2
On November 24, 2015, the Court signed three Orders denying Plaintiffs’ Motions for Reconsideration
and New Trial regarding the summary judgments granted in favor of Defendants Mundy Maintenance and
Services, LLC, Dashiell Corporation, and Oxea Corporation. Plaintiffs also challenge those orders via this
notice of appeal.
Page 2 of 4
Date: November 25, 2015.
Respectfully submitted,
THE BUZBEE LAW FIRM
/s/ Anthony G. Buzbee
Anthony G. Buzbee
State Bar No. 24001820
tbuzbee@txattorneys.com
Peter K. Taaffe
State Bar No. 24003029
ptaaffe@attorneys.com
Christopher J. Leavitt
State Bar No. 24053318
cleavitt@txattorneys.com
JP Morgan Chase Tower
600 Travis, Ste. 7300
Houston, Texas 77002
Telephone: (713) 223-5393
Facsimile: (713) 223-5909
ALEXANDER DUBOSE
JEFFERSON & TOWNSEND LLP
/s/ Wallace B. Jefferson
Wallace B. Jefferson
State Bar No. 00000019
wjefferson@adjtlaw.com
Anna M. Baker
State Bar No. 00791362
abaker@adjtlaw.com
515 Congress Ave., Suite 2350
Austin, Texas 78701
Telephone: (512) 482-9300
Facsimile: (512) 482-9303
ATTORNEYS FOR PLAINTIFF
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CERTIFICATE OF SERVICE
The undersigned certifies that, on November 25, 2015, Plaintiffs’ Notice of Appeal was
electronically filed with the Clerk of Court using eFile.TXCourts.gov the electronic filing system
which will send notification of such filing to the following:
Jeff Ray Nicholas E. Zito
State Bar No. 16604400 State Bar No. 22279500
jray@rmjfirm.com nez@ramey-chandler.com
H.L. “Buddy” Socks RAMEY, CHANDLER, QUINN & ZITO, P.C.
State Bar No. 18819800 One Bering Park
bsocks@rmjfirm.com 750 Bering Drive, Suite 600
RAY, MCCHRISTIAN & JEANS, P.C. Houston, Texas 77057
700 N. St. Mary’s Street, Suite 800 Telephone: (713) 266-0074
San Antonio, Texas 78205 Facsimile: (713) 266-1064
Telephone: (210) 341-3554
Facsimile: (210) 341-3557 Counsel for Defendant OXEA Corporation
Counsel for Defendant Mundy
Maintenance and Services LLC
Jim Wetwiska
State Bar No. 00785223
jwetwiska@akingump.com
Holli Pryor-Baze
State Bar No. 24013357
hpryorbaze@akingump.com
AKIN GUMP STRAUSS HAUER & FELD LLP
1111 Louisiana Street, 4th Floor
Houston, Texas 77002
Telephone: (713) 220-5800
Facsimile: (713) 236-0822
Counsel for Defendant Dashiell Corporation
/s/ Wallace B. Jefferson
Wallace B. Jefferson
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