No.01-15-00583-CV In the First Court ofAppeals

THE HONORABLE MARKHENRY,COUNTY JUDGE OF GALVESTON COUNTY, Appellant



### v.

THE HONORABLE LONNIE COX, Appellee

Fromthe 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 Fax409.765.6469 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

CLERKAPPELLEE'S MOTIONTO ENFORCE TEMPORARY INJUNCTION AND FORCONTEMPT UNDERTRAP 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 enforcementby means ofcontempt 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 withhim 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 ofAppellant. The latest actions come close on the heels ofa letterreceived at approximately 4:00p.m. orthereafter on Tuesday, July 14,2015, attached hereto as Exhibit "A", from Joseph M.Nixonwith the firm ofBeime Parson & Maynard

2LLP ofHouston, Texas, who nowpurports to represent Appellant MarkHenry 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 ofappeal was filed on the same date on which the order ofTemporary 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 ofJudge 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. Quirogapaid. Various quibbles were raised by Ms. Bluemer overpaperwork-e.g., demanding on bank data when such data was already on file, and requiring Ms. Quirogato attend an orientation meeting for "new" employees, etc. The reason for that delay became evident on July 14 with the letter ofMr. JosephNixon, Exhibit "A" hereto. Mr. Nixon advises that he is now representing

3Mark 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 ofdefiance. The letter flatly states that Ms. Quiroga is not an employee ofGalveston County, and that she will be denied access to her working space and equipment, which had been previously-ifgrudgingly--provided. The letter contains a threat against any effort to enforce the Temporary Injunction ofJuly 6, 2015, although it stops short of attempting to prohibit any filings with this Honorable Court. The extent ofcirculation ofthe Letter, Exhibit A, is not fully known. However, it is known that a copy ofthe letter and its attachment (the recent notice ofappeal), was emailed to Galveston County SheriffHenry Trochessett on the morning of ofJuly 15, 2015. The provision ofthe order to SheriffTrochessett ("FYI") appears to have been a veiled --and unsuccessful-- effort to direct Sheriff Trochessett to barthe Office ofthe Director ofJustice Administration. As ofThursday, 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.

4However, as ofThursday, July 16,2015, Ms. Quiroga has not beenpaid and there is no indication that she will bepaid, especially in light ofthe letter, Exhibit "A", recently sent and the recent removal ofhername 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 particularRules 29.3 and 29.4, which containthe properguidance and authority. Texas Rule ofAppellate Procedure 29.3 states: Temporary Orders ofAppellate 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 mayrequire appropriate security. But the appellate court must not suspendthe trial court's order ifthe appellant'srights would be adequately protected by supersedeas or another order made under Rule 24.
TRAP 29.4 is more directly applicable to this case: Enforcement ofTemporary Orders. While an appeal from an interlocutory order is pending, only the appellate court in which the appeal is pending may enforce the order. Butthe appellate courtmay refer any enforcementproceeding 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.
5Request for Contempt As Against Appellant and Others Appellee Lonnie Coxrequests that this Honorable Court enforce the underlying Temporary Injunction (now onfile with the papers ofthis appeal as CR 329 -341 and further to hold Appellee, the Honorable Mark A. Henry, County Judge ofGalveston County, Texas, and all others found to be acting in concert with Appellant guilty ofcontempt. Inthis regard, contemnors are alleged to include the following persons:

• County Judge and Appellant Mark A. Henry;
• County CommissionerRyan 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. Inthe present circumstance, it is clear that Appellant Henry is bent upon

6a campaign ofattrition and defiance, attempting to have his own way regardless of the consequences to others and in open defiance ofthe temporary injunction issued by Judge Wood. Appellee andhis counsel respect the principle that opposing counsel should not be gratuitously criticized. However, Appellant Henry has been abetted inthese 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 ofthe Commissioners Court authorized the firm ofAllison, 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 ofTexas from issuing a requested opinion. ('In response, respondentHenry hireda litigation attorney to bringa mandamus action in the appellate courts attackingJudgeCox's September 

### 24th order, informing theAttorney General's Office of the litigation to terminate the request for an opinion on thegrowingdispute as to the rights of the judiciary. ") That finding was based on the fact that, two days afterthe mandamus petition was filed in No. 01-14-00820-CV, Mr. James Allison sent a letterto 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

7the Attorney General's office should not issue the opinion which hadrecently 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 copiedto Judge Cox. It is clear in retrospect that the actions ofCounty Judge Henry andthe other members ofthe Commissioners Court wouldhave been potentially sanctionable under TRAP 52.11(b)("bringing the petition solely for delay ofan underlying proceeding"), i.e., the Attorney General's consideration ofthe question and resolution ofthe dispute, including Judge Cox's Order ofSeptember 24,2014). The initial notice ofappeal filed herein did not invoke grounds which would result in an automatic stay. When Appellant's plea for emergency reliefwas promptly refusedbythis Court, Appellant appears to have made minor concessions (e.g., office, computer, etc.) andplaced Ms. Quiroga onthe list for payment on July 21. However, AppellantHenry or others acting in concert with him posted
an agenda item for July 14,2015, possibly for the purpose ofapproving the position announcedinExhibit "A" and possibly to authorize the employment of Counsel Nixon.. The Agenda item relating to this casereads 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 underthe Texas Open Meetings Act, Chapter 551 ofthe Texas Government Code, pursuantto Section 551.071 ofthe Government Code: to seek the advice ofits attorney about pending or contemplated litigation oron a matter inwhich the duty ofthe attorney to the County under the Texas Disciplinary Rules ofProfessional Conduct ofthe State Bar ofTexas clearly conflicts with the Open Meetings Actrelating to 15-CV-0583, The Hon. Lonnie CoxV. The Hon. Mark Henry, County Judge ofGalveston County in the 405 th 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 offofthe list for payments onJuly 21. The minor concessions made (desk, office, computer, phone) were a sham, intended only for delay, and with no intention ofeventual compliance with the Order ofTemporary Injunction ofJuly6, 2015. Simplyput, Appellant Henry and others acting in concert with him, see TRCP 683, are attempting to use the "power ofthe purse" to thwart the trialjudges ofGalveston County andto flout the Temporary Injunction entered onJuly 6-and still subject to enforcement bythis Courtunder TRAP 29.1. Appellant has recently filed an additional Notice ofAppeal (appended to Exhibit "A") which invokes Texas Civil Practice and Remedies Code Sec. 51.0 14(b). However, it is anticipatedthatthe Reporter's Record when filed, will

9demonstrate that the pleato thejurisdiction was in fact withdrawn onthe 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 ofCounsel Nixon's lettermake 

### itclearthatthe Appellant andhis 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 bythemselves. The record below, when filed, underscore the findings ofJudge Wood inherJuly 6 Orderto the effect that the "finalists" selected by Appellant and others were in some instances completely unsuitable for a position oftrust and confidence, e.g., an attorney under a probated suspension throughthe year 2025. Official Defiance Cannotbe Tolerated Exhibit "A" appears to have been transmitted shortly afterthe conclusion of
a scheduled meeting ofthe Commissioners Court onJuly 14, at which the matter of Ms. Quiroga was on the agenda for executive session. Contrary to the earlier claims by Appellant Henry thathe cannot comply, the sequence ofevents suggests that those acting in active concert with him, TRCP 683, include at leasttwo other
10

### members ofthe Commissioners' Court and "staff' employees who have cooperated in aprogram ofdeliberate delay. No bond or other security should be required in this case, and indeed in matters involving non-monetary relief, the powerto 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. InIn re StateBoard/or Educator Certification, Relator, 

### No. 13-0537 (Tex. December 19, 2014)(orig. proceeding), the Texas Supreme Court stated: We see no merit inthe Board's argument that its right to supersedeas removes a trial court's discretion to enforce its non-moneyjudgment againstthe State pending appeal. CPRC Section 6.001 simply restates settled lawthat the State may appeal without filing a bond. Neither it norTRAP 25.1 (h) confers unfettered powerto 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 ReStateBoard

### explained the injustice that would result from a contrary holding: The state-asyet unsupported by a victory on the merits in any court-wantsto strip Montalvo ofhis livelihood while the appellate process grinds on, and ifhe manages to regain his professional license afterhaving been kicked out ofhis profession for years-well, bygones. That's a striking assertion ofunbridled executive power-to enforce administrative orders that a trial court has reverse-and TRAP 24.2(a)(3) recognizes thejuridiary's authority to say no.
11That concern is now imminent in this case. Appellant Henry and

- obviouslyothers have officially taken defiantactions which directly challenge the supervisory authority ofthe District Courts over commissioners courts, Texas Constitution, art. V, Sec. 8. Prayer Appellee Coxprays that this Court issue an orderreiterating and enforcing the temporary injunction enteredby the trial court onJuly 6, 2015, and further that this Courtremand refer enforcementthis 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 MarkA. Henry, Commissioner Ryan Dennard, Commissioner Stephen Holmes, Commissioner Ken Clark, County Legal DirectorRobert 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 ofthe 56th District Court and this honorable First Court ofAppeals.

12Respectfully submitted,

### ~~ lsiMark W Stevens MarkW. 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 ofThe Hon. Lonnie Cox State ofTexas County ofGalveston Before me the undersignedNotary Public came onto be sworn Lonnie Cox who, being sworn, deposes and states as follows: 1. My name is Lonnie Cox. I am the electedjudge ofthe 56th District Court ofGalveston 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 inparticular the status ofher reinstatement into that position since July 6, 2015. 3. As ofJuly 14,2015,Ms. Quirogahad 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. 134. 

### 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. Bluemerreports directly to County Judge MarkHenry. 5. As ofthe morning ofJuly 16,2016, I had been reliably informed thatMs. 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, onthe afternoon ofJuly 16,2015 I learned that Ms. Quiroga's
name hadbeenremoved from the "list" for payment onJuly 21. 7. As ofFriday, 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. Theprecise identity ofthe individual who called the Auditor's office with instructions cannotbe determined.

14C. The supposed reason for deleting Ms. Quiroga's name from the "list" for July 21 was that there was no money in the currentbudget, i.e., that moneypreviously appropriated for that office had been applied to other uses. D. The issue ofshortfalls can behandled 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 explainedto me by Mr. Rice, the reason now being given for
non- payment is that there was no "budget amendment" placed onthe agenda for the July 14 or any earlier meetings. 8. So far as I am aware, nobody has claimed thatthere is not money available to pay Ms. Quiroga's salary ifa budget amendment is passed; 9. Further, it is my understanding, from Mr. Rice, that the budget amendmentprocess is not statutory but is a localprocedure followed in Galveston County and possibly a few other counties. lO.As ofthis date, it appears thatBonnie 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 SWORNTO AND SUBSCRIBED bythe said Lonnie Cox on the 17thDay 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 ofMarkW. Stevens State ofTexas County ofGalveston Before me the undersigned notary public appeared Mark W. Stevens who, being sworn, deposes and states as follows: 1. My name is MarkW. 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 ofGalveston County. 3. The factual statements in this affidavit are true and correct. 4. ExhibitA" 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. Thenotarized original ofthis instrumentremains inmy file 

### ofthe**p~rs** ofthis case.**~** 

### /s/Mark W. 

### Stevens SWORNTO AND SUBSCRIBED bythe saidMarkW. Stevens onthe 1

### i h Day ofJuly, 20IS.
16DALEWLEE Notary Public STATE OF TEXAS My Comm. Exp. May 9,2017

# f)~u-L lsiNotary Public NotaryPublic
Certificate ofCompliance The foregoing instrument inrelevant parts contains 3,068 words in Times NewRoman Type, with text double spaced and extended quotes in 2.0. The 3,068 figure includes the text ofthe affidavits ofJudge Cox and counsel Stevens

### ~~ lsiMark W. Stevens MarkW. Stevens Certificate ofService 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 ofthis instrument has been served via emailto Mr. Joseph M. Nixon at the firm ofBieme, Maynard & Parsons (jnixon@bpmllp.com) and to James P. Allison at 

### i

.allison@allison-bass.com
.

# ~- lsiMark W. Stevens MarkW. Stevens

17BEIRNE, MAYNARD & PARSONS, L.L.P. 1300 POST OAK BOULEVARD SUITE 2500 HOUSTON, TEXAS 77056-3000 (713) 623-0887 D,RECT D,AL: (713) 871-6809 JOSEPH M. NIXON 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 ofGalveston County, Texas DearMr. Stevens: I now represent the Honorable Mark Henry in the above-referenced case and have attached for your review a file-stamped copy ofthe Notice ofAppeal which was filed on July 13, 2015. Because the appeal is based upon the court's denial ofthe plea to thejurisdiction and the trial court's incorrect assumption of subject matterjurisdiction, the entire proceeding, including the application ofthe temporary injunction, is stayed pursuant to Tex. Civ. Prac. & Rem. Code § 51.0l4(a)(8) and (b). You should further note that the filing ofthe 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 ofthe County, has no job function or duties, and will not receive a salary orbenefits 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. Ifyou have any questions, please do not hesitate to contact me. Verytruly yours,

# ~14!Z'A.~ Joseph M. Nixon 2198919v.1 999999/114011 EXHIBIT "A" P. 1/4Filed: 7/13120158:13:35 PM JOHN D. KINARD - District Clerk Galveston County, Texas

Envelope No. 6048080 By: Shailja Dixit 7/14120159:35;54AM CAUSENO. 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 ofGalveston County, files this Notice ofAppeal, pursuant to section 51.014(a)(8) ofthe Texas Civil Practice and Remedies Code and Rules 25.1 and 26.1(b) ofthe Texas Rules ofAppellate Procedure, and would respectfully show the Court as follows: 1. Defendant, The Honorable Mark Henry, County Judge ofGalveston 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 ofAppeals 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 CourtofAppeals- both arising from this same case:
a. No. 01-14-00820-CV; In re Galveston County Judge MarkHenry, 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. 2/43. 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 ofAppellate 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 ofall proceeding in the trial court during the pendency this appeal. TEX. Cry. PRAC. & REM CODE §51.014(b), (c). Respectfully submitted, BAKER & HOSTETLERLLP By: IislEdwardL. Friedman Edward L. Friedman Texas BarNo. 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

2CERTIFICATE OF SERVICE I hereby certify that a true and correct copy ofthe foregoing Notice ofAppeal was sent to all counsel of record by email and facsimile on this 13th day of July, 2015 as follows: /s/EdwardL. Friedman Attorney for Defendant The Honorable Judge Mark Henry

Exhibit "A" P. 4/4

3