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CAUSE NO. 2012-33464-A

2/25/2015 11:17:52 AM

Chris Daniel - District Clerk Harris County

Envelope No. 4275629

By: Phyllis Washington

Filed: 2/25/2015 11:17:52 AM

LETICIA B. LOYA § IN THE DISTRICT COURT OF

§

Plaintiff, §

§

VS. § HARRIS COUNTY, TEXAS

HARRY L. TINDALL, § (^ INDIVIDUALLY, § J^

AND TINDALL & ENGLAND 8 %£?

Defendants. § 190th JUDICIAL DISTRICT

r> NOTICE OFAPPEA#

7^

NOTICE IS HEREBY GIVEN that LetiCuTB. Loya, Plaintiff in the above-

*S> named case, hereby appeals to the First<4?r the Fourteenth Houston Court of

*A*c> Appeals from the district court's orde^-granting the Amended Motions to Dismiss

«% Based on Mandatoiy Forum Sejecjon Clauses of Vilol, Inc., Michael Metz, and

Antonio Maarraoui signed December 9, 2014; as well as the district court's order

granting Miguel Loya^^flbtion to Dismissed Based on a Mandator)' Forum

Selection Clause signed January 15, 2015.'

5P

The District Court signed the Order of Severance rendering these final and

appealable orders on January 26, 2015 and an Amended Severance Order

clarifying the docket number.
Respectfully submitted,

PROVOST * UMPHREY LAW FIRM, L.L.P.

490 Park Street

P.O. Box 4905 ^

Beaumont, Texas 77704 ^(<|p

(409) 835-6000

(409) 813-8605 (FAX) j^

Bv: /s/JenniferJob^

JenniferJob ^F

State BarN^24050682

James E^yne State B^No. 00788171

ATTORNEY FOR PLAINTIFF

CERTIFjAtE OF SERVICE

I HEREBY CERTIFYM-hat a true and correct copy of the foregoing

instrument has been farni^lpl to all known counsel ofrecord via EFILE and/or

certified mail, return rece^requested on this 25th day ofFebruary, 2015.

<U /s/ Jennifer Job ^ Jennifer Job

^
Oh I*t'K>\ \ < \( t*. r&Aancc Ordc r

PROVOSlSbr UMPHREY

LAW FIRM L.L.P.

JENNIFERJOB

ATTORNEY

B0AR3 CERTIFIED: PERSONAL INJURY TRIAL LAW

TEXAS BOARD OF LEGAL SPECIALIZATION

fflMWItgffil

ACCEPTED

01-14-01014-CV

FIRST COURT OF APPEAl J

HOUSTON. TEXAS

2/25/2015 11:59:17 AM

CHRISTOPHER PRIlill

CLERK

February 25,2015

DESIGNATION OF RECORD ON APPEAL

Civil/Family Post Trial Department

201 Caroline, Suite 250

Houston, Texas 77210

RE: Case #2012-33464 -^J)

Styled: Leu'cia B. Loya v. Ian Taylor, Jacobus Sterken, Stichting Tinsel

Group, Vitol Holding IIS.A., and Tinsel Group S.A.

Dear Sir or Madam:

Plaintiff filed a notice of appeal in this case on February 25, 2015. In accordance

with Appellate Rule 34.5(a) and (b), Plaintiffs request the clerk to prepare a clerk's record

ofthe proceedings in this case for inclusion in the appellate record.

Plaintiff requests the following items be included in the clerk's record. This list

includes those items required by Appellate Rule 34.5(a);

1. The Court's docket sheet;

2. Plaintiffs' Original Petition, filed June 7, 2012;

3. Plaintiffs First Amended Petition and Jury Demand, filed June 6, 2014;

4. Defendant Miguel A. Loya's Original Answer, filed July 7, 2014;

5. Defendant Michael Metz & Antonio Maarraoui \s Joint Motion to Dismiss Based

on a Mandatory Forum Selection Clause, Plea to the Jurisdiction, Plea in

Abatement. Special Exceptions, and Subject Thereto, General Denial and

Affirmative Defenses to Plaintiffs First Amended Petition, filed July 26, 2014;

6. Defendant Miguel A. Loya's Motion to Dismiss for Lack of Jurisdiction, Motion

to Dismiss Based on a Mandatory Forum Selection Clause, and Motion to Stay

and Application for Order Compelling Arbitration, filed August 18, 2014;

',90 PARKSTREET • EO. DOX-1905 • BEAUMONT, TEXAS7770-1

109-83S f>000 • 1000-289-0101 • PAX-109 038 8888

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Beaumont, TX • Houston, TX • NashvUIe.TN • North Utile Rode. AR
7. Defendant Ian Taylor's Special Appearance, Motion to Dismiss Based on

Mandatory Forum Selection Clause, Plea to Jurisdiction, Plea in Abatement,

Special Exceptions and Subject Thereto General Denial and Affirmative Defenses

to Plaintiffs First Amended Petition, filed 7/26/14;

8. Defendant Vitol Defendants' Amended Motion to Dismiss Based on Mandatory

Forum SelectionClauses,filedOctober 27,2014;

9. PlaintiffLeticia B. Loya's Response to Vitol Defendants' Amended Motion to

Dismiss Based onMandatory Forum Selection Clauses, filed November 3,2014;

10. Plaintiff Leticia B. Loya's Response to Miguel Loya's Motion to Dismiss for

Lackof Jurisdiction, Motion to Dismiss Based on a Mandatory Forum Selection

Clause, and Motion to Stay and Application for Order Compelling Arbitration,

filed November 3,2014;

11. Thetrial court'sLetter to theParties, filed December 2,2014;

12. Order signed granting Vitol, Inc., Michael Metz, and Antonio Maarraoui's

Amended Motion to Dismiss Based on Mandatory Forum Selection Clauses, filed

December 9,2014;

13. Miguel A. Loya's Reply to Leticia Loya's Response toMiguel A. Loya's Motion

to Dismiss Based on a Mandatory Forum Selection Clause, field January 13,

2015;

14. Order signed Denying Miguel Loya's Motion to Stay and Application for Order

Compelling Arbitration, filed January 15,2015;

15. Order signed Denying Miguel Loya's Motion toDismiss for Lack ofJurisdiction,

filed January 15,2015;

16. Order signed Granting Miguel Loya's Motion to Dismiss Based on a Mandatory

Forum Selection Clause, filed January 15,2015;

17. PlaintiffLeticia B. Loya's Sur-Reply toMiguel Loya's Motion to Dismiss Based

on aMandatory Forum Selection Clause, filed January 20,2015;

18. Order of Severance, Filed January 26,2015;

19. Amended Order ofSeverance, filed February 19, 2015;

20. Thenotice of appeal filed February 25,2015;

21. A copyof thisrequest, filed thisdate.
22. A certified bill of costs, including the cost for preparing the clerk's record,

showingany creditsfor payments made.

Should you require any assistance in locating any of these items, please contact

the undersigned attorney.

Sincerely,

JJ:gm