ACCEPTED 04-15-00056-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 2/11/2015 2:57:52 PM KEITH HOTTLE CLERK 04-15-00056-CV GARY HODGE AND ROBERT HART III § 4th COURT OF APPEALS FILED IN Appellants, § 4th COURT OF APPEALS § SAN ANTONIO, TEXAS v. § 2/11/2015 2:57:52 PM § KEITH E. HOTTLE STEPHEN KRAFT INDIVIDUALLY § Clerk AND AS MEMBER ON BEHALF OF § GRUPO HABANERO, LLC, § Appellees. §

FIRST AMENDED NOTICE OF APPEAL

TO THE HONORABLE COURT: Defendants, Gary Hodge and Robert Hart, III give notice of their intent to appeal the trial court’s appealable order signed by the Honorable Judge Sakai sitting in the 225th District Court on January 14, 2015. This appeal is taken to the Fourth Court of Appeals in San Antonio, Texas.

Appeal of this order is pursuant to Texas Civil Practice and Remedies Code §171.098(a)(1).

This appeal is an accelerated appeal governed by Texas Rule of Appellate Procedure 28.1 and is not a parental termination or child protection case governed by Texas Rule of Appellate Procedure 28.4.

Respectfully submitted, BRANSCOMB | PC A Professional Corporation Navarro St., Suite 500 San Antonio, Texas 78205 Telephone: (210) 598-5400 Telecopier: (210) 598-5405

By: Roderick J. Regan TSB# 16733040 [email protected] Jessica R. Mann {C1040071.DOCX:1} 1 TSB#24080165 [email protected] ATTORNEYS FOR DEFENDANTS GARY HODGE AND ROBERT HART, III

CERTIFICATE OF SERVICE I hereby certify that on this the 11th day of February, 2015, a true and correct copy of the foregoing Notice of Appeal has been forwarded to the counsel below pursuant to the Texas Rules of Civil Procedure.

Richard W. Espey – email/fax Matthew Soliday – email/fax Espey & Associates, PC 13750 San Pedro Avenue, Suite 730 San Antonio, TX 78232 Fax: (210) 404-0336

Roderick J. Regan

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