Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 12/21/2015 2:06:34 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED ACCEPTED 2015-07842 2015-07842 FIRST COURT OF APPEALS FIRST COURT OF APPEALS HOUSTON, TEXAS HOUSTON, TEXAS 12/21/2015 2:06:34 PM 11/25/2015 1:57:36 PM CHRISTOPHER PRINE CHRISTOPHER PRINE CLERK CLERK CAUSE NO. 2015-07842 HENRY RAWSON, JR. and SUSAN § IN THE DISTRICT COURT
RAWSON §
§ v. § HARRIS COUNTY, TEXAS
§ § th JUDICIAL DISTRICT OXEA CORPORATION, et al §
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.
*3 Date: November 25, 2015.
Respectfully submitted, T HE BUZBEE L AW F IRM /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 *4 C ERTIFICATE OF S ERVICE 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 R AMEY , C HANDLER , Q UINN & Z ITO , P.C.
State Bar No. 18819800 One Bering Park
bsocks@rmjfirm.com 750 Bering Drive, Suite 600
R AY , M C C HRISTIAN & J EANS , 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
A KIN G UMP S TRAUSS H AUER & F ELD LLP
1111 Louisiana Street, 4 th Floor
Houston, Texas 77002
Telephone: (713) 220-5800
Facsimile: (713) 236-0822
Counsel for Defendant Dashiell Corporation
/s/ Wallace B. Jefferson Wallace B. Jefferson
[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.