No.01-15-00583-CV 

In the First Court of Appeals 

THE HONORABLE MARK HENRY,COUNTY JUDGE OF 

GALVESTON COUNTY, 

Appellant 

v. 

THE HONORABLE LONNIE COX, 

Appellee 

From the 56th Judicial District Court of 

Galveston County, Texas, Cause No. 15CV0583 

APPELLEE'S MOTION TO ENFORCE TEMPORARY 

INJUNCTION AND FOR CONTEMPT UNDER TRAP 29.3 and 29.4 

Mark W. Stevens 

TBN 19184300 

PO Box 8118 

Galveston, TX 77553 

409.765.6306 

Fax 409.765.6469 

Email: markwandstev@sbcglobal.net 

Counsel for Appelle The Hon. Lonnie Cox 

1 

ACCEPTED

01-15-00583-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

7/17/2015 3:35:20 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 7/17/2015 3:35:20 PM CHRISTOPHER A. PRINE Clerk
APPELLEE'S MOTION TO ENFORCE TEMPORARY 

INJUNCTION AND FOR CONTEMPT UNDER TRAP 29,3 and 29.4 

Appellee, the Honorable Lonnie Cox requests enforcement ofthe Temporary 

Injunction entered by the Hon. Sharolyn Wood in Case No. 15CV0583, Lonnie 

Cox v. Mark Henry, in the 56th District Court, and in particular requests 

enforcement by means of contempt as against Appellant, the Honorable Mark A. 

Henry, County Judge ofGalveston County, and others, and would show as 

follows. 

This Motion and the Motion for Emergency Relief filed herewith are made 

necessary by the failure ofAppellant Henry and those acting in concert with him or 

at his administrative direction to fully implement the order ofJuly 6, 2015; by the 

failure to pay Bonnie Quiroga as ordered, and most recently the action taken on 

July 16,2015 ofremoving Bonnie Quiroga's name from the payroll as to checks 

which were to have been issued on Tuesday, July 21,2015. Present information is 

that the cancellation ofMs. Quiroga's pay was done at the direction ofthe 

Galveston County Legal Department whose Director, Mr. Robert Boerner, is an at 

will employee who serves at the pleasure of Appellant. 

The latest actions come close on the heels of a letter received at 

approximately 4:00p.m. or thereafter on Tuesday, July 14,2015, attached hereto as 

Exhibit "A", from Joseph M.Nixon with the firm ofBeime Parson & Maynard 

2 

LLP of Houston, Texas, who now purports to represent Appellant Mark Henry in 

the District Court case No. 15CV0583. Pointedly, Mr. Nixon has not actually 

entered an appearance in the District Court and does not claim to represent 

Appellant Henry in the present action. 

Background 

The original notice of appeal was filed on the same date on which the order 

of Temporary Injunction by Visiting Judge Sharolyn Wood was entered, i.e., July 

6,2015. Shortly thereafter, a Motion for Emergency Stay was filed, and was 

overruled within about two days. 

In the interval, Appellant and others refused to fully and promptly 

implement the Order of Judge Wood. For example, although Ms. Quiroga returned 

to work on Tuesday, July 7, 2015, it took approximately a week for her to receive 

computer or telephone services, as ordered. More significantly, the Galveston 

County Director ofHuman Resources, Peri Bluemer, appeared to be delaying in 

getting directed payments to Ms. Quiroga paid. Various quibbles were raised by 

Ms. Bluemer over paperwork-e.g., demanding on bank data when such data was 

already on file, and requiring Ms. Quiroga to attend an orientation meeting for 

"new" employees, etc. 

The reason for that delay became evident on July 14 with the letter ofMr. 

Joseph Nixon, Exhibit "A" hereto. Mr. Nixon advises that he is now representing 

3 

Mark A. Henry in the trial court, i.e., in Case No. 15CV0583, Lonnie Cox v. Mark 

Henry, in the 56th District Court. 

Mr. Nixon's letter, Exhibit "A", is an astonishing act of defiance. The letter 

flatly states that Ms. Quiroga is not an employee of Galveston County, and that she 

will be denied access to her working space and equipment, which had been 

previously-if grudgingly--provided. The letter contains a threat against any effort 

to enforce the Temporary Injunction of July 6, 2015, although it stops short of 

attempting to prohibit any filings with this Honorable Court. 

The extent of circulation of the Letter, Exhibit A, is not fully known. 

However, it is known that a copy of the letter and its attachment (the recent notice 

of appeal), was emailed to Galveston County Sheriff Henry Trochessett on the 

morning of of July 15, 2015. The provision of the order to Sheriff Trochessett 

("FYI") appears to have been a veiled --and unsuccessful-- effort to direct Sheriff 

Trochessett to bar the Office of the Director of Justice Administration. 

As of Thursday, July 16, 2015, Ms. Quiroga still has access to the Office of 

the Director ofJustice Administration. She has a county computer and phone, but 

is having difficulty accessing various files, with the explanation given that a 

"server" is being changed. 

4 

However, as ofThursday, July 16,2015, Ms. Quiroga has not been paid and 

there is no indication that she will be paid, especially in light ofthe letter, Exhibit 

"A", recently sent and the recent removal ofher name from the July 21 payroll list. 

TRAP 29.3 and 29.4 

The July 14 Letter, Exhibit "A", stops short in its reading ofTexas Rule of 

Appellate Procedure 29 and in particular Rules 29.3 and 29.4, which contain the 

proper guidance and authority. Texas Rule ofAppellate Procedure 29.3 

states: 

Temporary Orders of Appellate Courts. When an appeal from an 

interlocutory order is perfected, the appellate court may make any 

temporary orders necessary to preserve the parties rights until 

disposition ofthe appeal and may require appropriate security. But 

the appellate court must not suspend the trial court's order ifthe 

appellant's rights would be adequately protected by supersedeas or 

another order made under Rule 24. 

TRAP 29.4 is more directly applicable to this case: 

Enforcement of Temporary Orders. While an appeal from an 

interlocutory order is pending, only the appellate court in which the 

appeal is pending may enforce the order. But the appellate court may 

refer any enforcement proceeding to the trial court with instructions 

to: 

(a) Hear evidence and grant appropriate relief; or 

(b) Make findings and recommendations and report them to the 

appellate court. 

5 

Request for Contempt As Against Appellant and Others 

Appellee Lonnie Cox requests that this Honorable Court enforce the 

underlying Temporary Injunction (now on file with the papers of this appeal as CR 

329 -341 and further to hold Appellee, the Honorable Mark A. Henry, County 

Judge of Galveston County, Texas, and all others found to be acting in concert 

with Appellant guilty of contempt. In this regard, contemnors are alleged to 

include the following persons: 

• County Judge and Appellant Mark A. Henry; 

• County Commissioner Ryan Dennard; 


• County Commissioner Stephen Holmes; 


• County Commissioner Ken Clark; 


• Director ofHuman Resources Peri Bluemer; 


• Robert Boerner, Director, Galveston County Legal Department; 


• Mr. Joseph M. Nixon, author ofExhibit "A"; and 


• James P. Allison. 


In the present circumstance, it is clear that Appellant Henry is bent upon 


6 

a campaign of attrition and defiance, attempting to have his own way regardless of 

the consequences to others and in open defiance of the temporary injunction issued 

by Judge Wood. 

Appellee and his counsel respect the principle that opposing counsel should 

not be gratuitously criticized. However, Appellant Henry has been abetted in these 

efforts by several lawyers, listed above, in ways which exceed the bounds of 

zealous representation. 

This litigation actually began in October of2014, when County Judge Mark 

A. Henry and all of the Commissioners Court authorized the firm of Allison, Bass 

& Magee to file a mandamus action in this court, No. 01-14-00820-CV. As found 

by Judge Wood, Order ofTemporary Injunction, CR 329 at 332, that mandamus 

was initiated to prevent the Attorney General of Texas from issuing a requested 

opinion. ('In response, respondent Henry hired a litigation attorney to bring a 

mandamus action in the appellate courts attacking Judge Cox's September 24th 

order, informing the Attorney General's Office ofthe litigation to terminate the 

requestfor an opinion on the growing dispute as to the rights ofthe judiciary. ") 

That finding was based on the fact that, two days after the mandamus petition was 

filed in No. 0 1-14-00820-CV, Mr. James Allison sent a letter to the Attorney 

General (admitted as Defense Exhibit 39 before the trial court and now on file with 

the Reporter's record), and then suggesting that "litigation" was pending and that 

7 

the Attorney General's office should not issue the opinion which had recently been 

requested by the Office ofCourt Administration. Significantly, Mr. Allison's 

letter, Defense Exhibit 39, was not copied to Appellee, Judge Lonnie Cox. 

A letter from the Attorney General's office (Defense Exhibit 40) issued a 

few days therafter, advising that no such opinion would be forthcoming. That 

letter was copied to Judge Cox. 

It is clear in retrospect that the actions of County Judge Henry and the other 

members ofthe Commissioners Court would have been potentially sanctionable 

under TRAP 52.11 (b )("bringing the petition solely for delay of an underlying 

proceeding"), i.e., the Attorney General's consideration ofthe question and 

resolution ofthe dispute, including Judge Cox's Order of September 24,2014). 

The initial notice of appeal filed herein did not invoke grounds which would 

result in an automatic stay. When Appellant's plea for emergency relief was 

promptly refused by this Court, Appellant appears to have made minor concessions 

(e.g., office, computer, etc.) and placed Ms. Quiroga on the list for payment on 

July 21. However, Appellant Henry or others acting in concert with him posted 

an agenda item for July 14,2015, possibly for the purpose of approving the 

position announced in Exhibit "A" and possibly to authorize the employment of 

Counsel Nixon.. The Agenda item relating to this case reads in full and verbatim 

as follows: 

8 

(3)(b). Executive Session. Texas Government Code Section 551.071. 

Consultation with Attorney: The Commissioners Court will enter into 

an executive session as permitted under the Texas Open Meetings 

Act, Chapter 551 ofthe Texas Government Code, pursuant to Section 

551.071 ofthe Government Code: to seek the advice of its attorney 

about pending or contemplated litigation or on a matter in which the 

duty of the attorney to the County under the Texas Disciplinary Rules 

of Professional Conduct ofthe State Bar of Texas clearly conflicts 

with the Open Meetings Act relating to 15-CV-0583, The Hon. 

Lonnie Cox V. The Hon. Mark Henry, County Judge ofGalveston 

County in the 405th Judicial District Court. 

However, the Agenda for the meeting ofJuly 14,2015 did not contain any 

action item regarding funding for Bonnie Quiroga, i.e., the ostensible reason being 

given for taking Ms. Quiroga's name off ofthe list for payments on July 21. 

The minor concessions made (desk, office, computer, phone) were a sham, 

intended only for delay, and with no intention of eventual compliance with the 

Order of Temporary Injunction ofJuly6, 2015. Simply put, Appellant Henry and 

others acting in concert with him, see TRCP 683, are attempting to use the "power 

ofthe purse" to thwart the trial judges ofGalveston County and to flout the 

Temporary Injunction entered on July 6-and still subject to enforcement by this 

Court under TRAP 29.1. 

Appellant has recently filed an additional Notice of Appeal (appended to 

Exhibit "A") which invokes Texas Civil Practice and Remedies Code Sec. 

51.014(b). However, it is anticipated that the Reporter's Record when filed, will 

9 
demonstrate that the plea to the jurisdiction was in fact withdrawn on the record, 

according to the memory ofthis counsel and Appellee Cox. 

Intervening Harm 

Irreparable harm will result ifthis Court fails to enforce the injunction 

during appeal. The words and tone of Counsel Nixon's letter make it clear that the 

Appellant and his fellow commissioners, acting in concert, regard themselves as 

above the law and the courts, at liberty to completely disregard all existing orders 

in this matter. Given that attitude, Appellant and Commissioners may attempt to 

take further actions to establish an alternate "justice administration" department 

staffed with persons selected by themselves. The record below, when filed, 

underscore the findings of Judge Wood in her July 6 Order to the effect that the 

"finalists" selected by Appellant and others were in some instances completely 

unsuitable for a position of trust and confidence, e.g., an attorney under a probated 

suspension through the year 2025. 

Official Defiance Cannot be Tolerated 

Exhibit "A" appears to have been transmitted shortly after the conclusion of 

a scheduled meeting ofthe Commissioners Court on July 14, at which the matter of 

Ms. Quiroga was on the agenda for executive session. Contrary to the earlier 

claims by Appellant Henry that he cannot comply, the sequence of events suggests 

that those acting in active concert with him, TRCP 683, include at least two other 

10 

members of the Commissioners' Court and "staff' employees who have 

cooperated in a program of deliberate delay. 

No bond or other security should be required in this case, and indeed in 

matters involving non-monetary relief, the power to set supersedeas remains with 

the trial court. This issue was most recently briefed in Appellee Cox' recent reply 

to Appellant Henry's Request for Emergency relief. In In re State Board/or 

Educator Certification, Relator, No. 13-0537 (Tex. December 19, 2014)(orig. 

proceeding), the Texas Supreme Court stated: 

We see no merit in the Board's argument that its right to supersedeas 

removes a trial court's discretion to enforce its non-money judgment 

against the State pending appeal. CPRC Section 6.001 simply restates 

settled law that the State may appeal without filing a bond. Neither it 

nor TRAP 25.1 (h) confers unfettered power to force suspension ofthe 

judgment. The Board may appeal without security-this is 

undisputed-but it has no unqualified right to supersedeas in light of 

the trial court's discretion under TRAP 24. 

In a concluding passage, In Re State Board explained the injustice that 

would result from a contrary holding: 

The state-as yet unsupported by a victory on the merits in any 

court-wants to strip Montalvo of his livelihood while the appellate 

process grinds on, and ifhe manages to regain his professional license 

after having been kicked out ofhis profession for years-well, 

bygones. That's a striking assertion of unbridled executive power-to 

enforce administrative orders that a trial court has reverse-and 

TRAP 24.2(a)(3) recognizes the juridiary's authority to say no. 

11 

That concern is now imminent in this case. Appellant Henry and - obviouslyothers have officially taken defiant actions which directly challenge the 

supervisory authority of the District Courts over commissioners courts, Texas 

Constitution, art. V, Sec. 8. 

Prayer 

Appellee Cox prays that this Court issue an order reiterating and enforcing 

the temporary injunction entered by the trial court on July 6, 2015, and further that 

this Court remand refer enforcement this case to the District Court for enforcement 

proceedings under either TRAP 29.4(a) or 29.4(b), with directions to conduct 

appropriate hearings to determine whether County Judge Mark A. Henry, 

Commissioner Ryan Dennard, Commissioner Stephen Holmes, Commissioner Ken 

Clark, County Legal Director Robert Boemer, Human Resources Director Peri 

Bluemer, Attorney Joseph M. Nixon, Attorney James P. Allison, Attorney Phillip 

Ledbetter, and Attorney Phillip Magee, should be held in contempt of the 56th 

District Court and this honorable First Court ofAppeals. 

12 

Respectfully submitted, 

~~ lsi Mark W Stevens 

Mark W. Stevens 

TBN 19184300 

P. Box 8118 

Galveston, Texas 77553 

409.765.6306 

Fax 409.765.6459 

Email: markwandstev@sbcglobal.net 

Counsel for 

Lonnie Cox ofthe 56th Judicial District Court 

Verification of The Hon. Lonnie Cox 

State ofTexas 

County of Galveston 

Before me the undersigned Notary Public came on to be sworn Lonnie Cox 

who, being sworn, deposes and states as follows: 

1. 	 My name is Lonnie Cox. I am the elected judge of the 56th District Court 

of Galveston County, Texas and serve as the Local Administrative Judge 

ofGalveston County, Texas. 

2. As such I have monitored the status ofBonnie Quiroga as Director of 

Justice Administration and in particular the status of her reinstatement 

into that position since July 6, 2015. 

3. 	 As of July 14,2015, Ms. Quiroga had access to the required office space, 

a computer and telephone. The Computer and phone were delayed for 

several days after the July 6 order, as was access to the office. 

13 

4. 	In the interval ofJuly 6 to July 14, Ms. Quiroga was required to submit 

various papers to the Human Resources office, whose director is Ms. Peri 

Bluemer. It is my understanding that Ms. Bluemer reports directly to 

County Judge Mark Henry. 

5. 	 As ofthe morning ofJuly 16,2016, I had been reliably informed that Ms. 

Quiroga's name was placed on a list ofpersons who would be paid either 

by check or direct deposit on Tuesday, July 21, 2015. I spoke at that time 

with Mr. Randall Rice ofthe County Auditor's office, who confirmed 

that Ms. Quiroga was to be paid. 

6. However, on the afternoon ofJuly 16,2015 I learned that Ms. Quiroga's 

name had been removed from the "list" for payment on July 21. 

7. 	 As of Friday, July 17,2015 I have been able to determine through Mr. 

Randall Rice the following: 

A. The direction to remove Ms. Quiroga's name came from the County 

Legal Department, according to reports received by Mr. Rice. (The 

director ofthe County Legal Department is Mr. Robert Boemer, who 

reports to Judge Henry). 

B. The precise identity ofthe individual who called the Auditor's office 

with instructions cannot be determined. 

14 

C. The supposed reason for deleting Ms. Quiroga's name from the "list" 

for July 21 was that there was no money in the current budget, i.e., 

that money previously appropriated for that office had been applied to 

other uses. 

D. The issue of shortfalls can be handled by a process generally called a 

"budget amendment", whereby the Commissioners simply pass a 

resolution authorizing additional funds to a specific purpose. 

E. As was explained to me by Mr. Rice, the reason now being given for 

non- payment is that there was no "budget amendment" placed on the 

agenda for the July 14 or any earlier meetings. 

8. 	 So far as I am aware, nobody has claimed that there is not money 

available to pay Ms. Quiroga's salary if a budget amendment is passed; 

9. 	 Further, it is my understanding, from Mr. Rice, that the budget 

amendment process is not statutory but is a local procedure followed in 

Galveston County and possibly a few other counties. 

lO.As ofthis date, it appears that Bonnie Quiroga, although reporting for 

work and otherwise equipped to do so, is not being paid and will not be 

paid. 

11.The original or a true and correct copy ofthe notarized document will 

remam m my papers. 

15 

I~f~ /s/ Lonnie CoJ 

Lonnie Cox 

S6th District Court 

SWORN TO AND SUBSCRIBED by the said Lonnie Cox on the 17th Day 

ofJuly,2015. /JoLlJ _L­

/s/ Notary Public DALEWLEE 

f

'R,~ [' Notary Public 

\~.". ._~l STATE OF TEXAS Notary Public ':!.~"§f.!!?, MyComm.Exp.May9,2017 

Custodial Affidavit ofMark W. Stevens 

State of Texas 

County of Galveston 

Before me the undersigned notary public appeared Mark W. Stevens who, 

being sworn, deposes and states as follows: 

1. 	 My name is Mark W. Stevens. I am an attorney at law, TBN 19184300, 

and am competent in all respects to make this oath. 

2. I represent The Honorable Lonnie Cox in this Case No. 01-IS-00S83-CV, 

and represented Judge Cox in the proceedings below, Case No. 

ISCVOS83 in the S6th District Court of Galveston County. 

3. The factual statements in this affidavit are true and correct. 

4. 	 Exhibit A" hereto is a true and correct copy ofthe letter received by me 

via email from the offices ofMr. Joseph M. Nixon at approximately 4:48 

pm on Tuesday, July 14, 201S. 

5. 	 The notarized original ofthis instrument remains in my file ofthe p~rs 

ofthis case. ~ 

/s/ Mark W. Stevens 

SWORN TO AND SUBSCRIBED by the said Mark W. Stevens on the 1 i h 

Day ofJuly, 20 IS. 

16 
DALEWLEE 

Notary Public 

STATE OF TEXAS 

My Comm. Exp. May 9,2017 

f)~u-L lsi Notary Public 

Notary Public 

Certificate of Compliance 

The foregoing instrument in relevant parts contains 3,068 words in Times 

New Roman Type, with text double spaced and extended quotes in 2.0. The 3,068 

figure includes the text ofthe affidavits of Judge Cox and counsel Stevens 

~~ lsi Mark W. Stevens 

Mark W. Stevens 

Certificate of Service 

The foregoing was efiled and e-mailed PDF to Mr. Edward Friedman on 

July 17,2015 at efriedman@bakerlaw.com, and also to James P. Allison 

G.allison@allison-bass.com) ; J. Eric Magee (e.magee@allison-bass.com); and 

Phillip Ledbetter (p.ledbetter@a1lison-bass.com). An additional copy of this 

instrument has been served via emailto Mr. Joseph M. Nixon at the firm of Bieme, 

Maynard & Parsons (jnixon@bpmllp.com) and to James P. Allison at 

i.allison@allison-bass.com. 

~-lsi Mark W. Stevens 

Mark W. Stevens 

17 

BEIRNE, MAYNARD & PARSONS, L.L.P. 

1300 POST OAK BOULEVARD 

SUITE 2500 

HOUSTON, TEXAS 77056-3000 

JOSEPH M. NIXON (713) 623-0887 D,RECT D,AL: (713) 871-6809

EMAIL: JNIXON@SMPLLP.COM FAX (713) 960-1527 BOARD CERTIFIED 


CIVIL TRIAL LAW 


TEXAS BOARD OF LEGAL SPECIALIZATION 


July 14, 2015 

Mark W. Stevens VIA FIRST CLASS MAIL, 

Attorney at Law CERTIFIED MAIL, 

P.O. Box 8118 FACSIMILE (409) 765-6459, AND 

Galveston, Texas 77553 EMAIL markwandstev@sbcglobal.net 

Re: 	 Cause No. l5CV0583; The Honorable Lonnie Cox, Local Administrative Judge, 

Galveston Co. v. The Honorable Mark Henry, County Judge, Galveston County; 

in the 56th Judicial District Court of Galveston County, Texas 

Dear Mr. Stevens: 

I now represent the Honorable Mark Henry in the above-referenced case and have 

attached for your review a file-stamped copy of the Notice of Appeal which was filed on July 13, 

2015. Because the appeal is based upon the court's denial of the plea to the jurisdiction and the 

trial court's incorrect assumption of subject matter jurisdiction, the entire proceeding, including 

the application of the temporary injunction, is stayed pursuant to Tex. Civ. Prac. & Rem. Code § 

51.0l4(a)(8) and (b). You should further note that the filing of the notice of appeal suspended 

the temporary injunction pursuant to Tex. R. App. P. 29.1 (b) and Tex. Civ. Prac. & Rem Code § 

6.001(b)(4). 

Accordingly, Ms. Bonnie Quiroga will no longer be allowed access to Galveston County 

facilities, office or infrastructure other than that which is accessible to the pUblic. She is, of 

course, not considered an employee of the County, has no job function or duties, and will not 

receive a salary or benefits from the County. 

I realize it is not necessary for you to remind your client that this matter is no longer in 

either his jurisdiction or the jurisdiction of the trial court, if it ever was. Accordingly, any 

attempt to unilaterally enforce the temporary injunction by way of a new, ex parte verbal or 

written order will be met with the most rigorous of opposition utilizing all lawful means 

necessary to protect the civil rights ofthose who are County employees. 

If you have any questions, please do not hesitate to contact me. 

Very truly yours, 

~14!Z'A.~ Joseph M. Nixon 

2198919v.1 999999/114011 EXHIBIT "A" P. 1/4 
Filed: 7/13120158:13:35 PM 

JOHN D. KINARD - District Clerk 

Galveston County, Texas 

Envelope No. 6048080 

By: Shailja Dixit 

7/14120159:35;54 AM 

CAUSE NO. 15-CV-0583 

THE HON. LONNIE COX § IN THE DISTRICT COURT OF 

§ 

PLAINTIFF, § 

§ 

v. § 56TH JUDICIAL DISTRICT 

§ 

THE HON. MARK HENRY, COUNTY § 

JUDGE OF GALVESTON COUNTY, § 

§ 

DEFENDANT. § GALVESTON COU1\lTY, TEXAS 

NOTICE OF APPEAL 

Defendant, The Honorable Mark Henry, County Judge of Galveston County, files 

this Notice of Appeal, pursuant to section 51.014(a)(8) of the Texas Civil Practice and 

Remedies Code and Rules 25.1 and 26.1(b) of the Texas Rules of Appellate Procedure, 

and would respectfully show the Court as follows: 

1. Defendant, The Honorable Mark Henry, County Judge of Galveston County 

desires to appeal this COUli's Order, signed June 23, 2015, that denies his Plea to the 

Jurisdiction in the above-captioned matter. 

2. Defendant appeals to the First or Fourteenth Court of Appeals in Houston 

Texas. Defendant believes this interlocutory appeal should go to the First Court of 

Appeals because Defendant has previously filed a related (a) original proceeding, and (b) 

interlocutory appeal in the First Court ofAppeals- both arising from this same case: 

a. 	 No. 01-14-00820-CV; In re Galveston County Judge Mark Henry, et 

al.; and 

b. 	 No. Ol-15-00583-CV; The Honorable Mark henry, Judge of 

Galveston County v. The Honorable Lonnie Cox. 

EXHIBIT"N' P. 2/4 
3. A copy of this Notice of Appeal has been served on all parties to the 

proceeding from which this interlocutory appeal is taken. See TEX. R. App. P. 25.l(e), 

28.1(b). 

4. This interlocutory appeal is an accelerated appeal under Rule 28.1 of the 

Texas Rules of Appellate Procedure and is not a parental termination or child protection 

case. TEX. R. App. P. 28.1, 2S.1(d)(6). 

5. This interlocutory appeal results in an automatic stay of all proceeding in the 

trial court during the pendency this appeal. TEX. Cry. PRAC. & REM CODE §51.014(b), 

(c). 

Respectfully submitted, 

BAKER & HOSTETLER LLP 

By: Iisl Edward L. Friedman 

Edward L. Friedman 

Texas Bar No. 07462950 

efriedman@bakerlaw.com 

811 Main Street 

Suite 1100 

Houston, Texas 77002-6111 

Telephone: 713.751.1600 

Facsimile: 713.751.1717 

Attorney for Defendant 

The Honorable Judge Mark Henry 

Exhibit tJN'p. 3/4 

2 

CERTIFICATE OF SERVICE 

I hereby certify that a true and correct copy of the foregoing Notice of Appeal was 

sent to all counsel of record by email and facsimile on this 13th day of July, 2015 as 

follows: 

/s/ Edward L. Friedman 

Attorney for Defendant 

The Honorable Judge Mark Henry 

Exhi bit "A" P. 4/4 

3