CAUSE NO. DC-14-13815 

CASEY SUTTERFIELD, § IN THE DISTRICT COURT OF

 § 

 PLAINTIFF, § 

 § 

VS. § 

 § DALLAS COUNTY, TEXAS

TERVITA, LLC, AMERICAN ZURICH § 

INS. CO., DOLORES ROJAS, AND § 

JOMARA TIBURCIO, § 

 § 

 DEFENDANTS. § 116TH JUDICIAL DISTRICT

DEFENDANT TERVITA, LLC’S 

NOTICE OF APPEAL 

Pursuant to Tex. Civ. Prac. & Rem. Code Ann. § 27.008(b), Defendant 

Tervita, LLC (“Tervita”) files this Notice of Appeal and respectfully would show 

the Court as follows: 

I. 

This case is pending in the 116th Judicial District Court of Dallas County, 

Texas as Cause No. DC-14-13815, and is styled Casey Sutterfield v. Tervita, 

LLC, American Zurich Ins. Co., Dolores Rojas, and Jomara Tiburcio. 

II. 

This appeal involves Chapter 27 of the TEXAS CIVIL PRACTICE AND REMEDIES 

CODE, known as the CITIZENS PARTICIPATION ACT (the “ACT”). On February 9, 

2015, Tervita filed its Motion to Dismiss pursuant to this ACT. On March 23, 

2015, the Court entered an Order denying Tervita’s Motion to Dismiss. A true 

and correct copy of the Order is attached as Exhibit 1. This appeal is taken in 

accordance with Tex. Civ. Prac. & Rem. Code Ann. § 27.008. 

Defendant Tervita, LLC’s Notice of Appeal 1 

FILED

DALLAS COUNTY

4/13/2015 2:43:12 PM

FELICIA PITRE

DISTRICT CLERK

Bridgette Vation

05-15-00469-CV

 RECEIVED IN 5th COURT OF APPEALS DALLAS, TEXAS 4/14/2015 2:22:41 PM LISA MATZ Clerk
III. 

Tervita desires to appeal. 

IV. 

The appeal is taken to the Fifth District Court of Appeals in Dallas, Texas. 

V. 

Tervita is the party filing this notice. 

VI. 

Pursuant to Tex. Civ. Prac. & Rem. Code Ann. § 27.008(b), an appellate 

court should expedite the appeal in this matter. 

WHEREFORE, PREMISES CONSIDERED, Tervita files this Notice of Appeal, 

thus perfecting an appeal of the trial court’s Order. 

 Respectfully Submitted, 

 

 /s/ Jason T. Weber 

 JOHN L. ROSS1

 Texas State Bar No. 17303020 

 JASON T. WEBER 

 Texas State Bar No. 24075251 

 THOMPSON, COE, COUSINS & IRONS, L.L.P. 

 700 North Pearl Street, Suite 2500 

 Dallas, Texas 75201 

 Telephone: (214) 871-8206 (Ross) 

 Telephone: (214) 871-8251 (Weber) 

 Facsimile: (214) 871-8209 

 E-mail: jross@thompsoncoe.com

 E-mail: jweber@thompsoncoe.com

 ATTORNEYS FOR DEFENDANT 

 TERVITA, LLC 

1 Board Certified in Labor & Employment Law and Civil Trial Law by the 

Texas Board of Legal Specialization. 

Defendant Tervita, LLC’s Notice of Appeal 2 

 
CERTIFICATE OF SERVICE 

I certify one true and correct copy of the foregoing instrument was served 

on Plaintiff’s lead counsel of record via e-mail and the Clerk of the Fifth Court 

of Appeals via hand delivery this 13th day of April, 2015. 

Marc C. Mayfield 

Frank D. Weedon 

MAYFIELD WEEDON, LLP 

208 North Green Street, Suite 200 

Longview, Texas 75606 

Laura Grabouski 

Brittan L. Buchanan 

BUCHANAN, DIMASI DANCY & GRABOUSKI LLP 

9600 Great Hills Trail, Suite 300 West 

 Austin, Texas 78759 

 /s/ Jason T. Weber 

 JOHN L. ROSS 

 JASON T. WEBER 

 

Defendant Tervita, LLC’s Notice of Appeal 3 
Exhibit 1
000752 

Cause No. DC- 14- 13815 

Casey Sutterfield § In tbe 116tb Judicial District Court 

v. 

Tervita, LLC, 

American Zurich los. Co., 

Dolores Rojas, and Jomara Tiburcio 

§ 

§ 

§ 

§ 

§ 

§ 

of 

Dallas County, Texas 

Order on Tervita L.L.C.'s Motion to Dismiss, for Costs/Fees and for Sanctions 

CAME ON to be heard Defendant Tervita L.L.C. 's Motion to Dismiss, for Costs/Fees and 

for Sanctions. The Court, having considered the pleadings, evidence, and argument of counsel, finds 

that Defendants' Motion should be in all things denied. It is, therefore, 

ORDERED that Defendant Tervita L.L.C. 's Motion to Dismiss, for Costs/Fees and for 

Sanctions is in all things denied. 

rtk "A 

Signed this the 2 3_ day of__,ill-4-=(k:..:....f....;;;6;._h__ _,, 2015.