ACCEPTED Filed: 8/3/201501-15-00664-CV 8:28:59 AM JOHN FIRST COURT D. KINARD OF APPEALS - District Clerk Galveston HOUSTON, County, TexasTEXAS 8/5/2015 Envelope No.10:18:59 6321577AM CHRISTOPHER By: Ann VaughnPRINE 8/3/2015 9:27:01CLERK AM Cause No. 10-CV-2353 Building Galveston, Inc., § In the District Court FILED IN § 1st COURT OF APPEALS Plaintiff, § HOUSTON, TEXAS § 8/5/2015 10:18:59 AM vs. § GalvestonCHRISTOPHER County, TexasA. PRINE Clerk § Lyon Construction Services, et al., § § Defendants. § 405th Judicial District

NOTICE OF APPEAL Ted B. Lyon, III desires to appeal the final judgment the Court signed on May 19, 2015 (Hon. Michelle M. Slaughter, presiding) as well as any amended, modified, corrected or reformed (or purported nunc pro tunc) final judgment the Court may later sign. Tex. R. App. P. 25.1(a), 27.3. The party appealing is Ted B. Lyon, III. This appeal is taken to the First or Fourteenth Court of Appeals. Tex. R. App. P. 25.1(d).

(The required court of appeals docketing statement will be filed once the district clerk’s office has sent a copy of this notice to — and it is filed with — the appropriate court of appeals. Tex. R. App. P. 25.1(f), 32.1.)

Respectfully submitted, TED B. LYON & ASSOCIATES, P.C.

_________________________________ Ben Taylor State Bar No. 19684500 [email protected] Josh Birmingham State Bar No. 24059329 [email protected] 18601 LBJ Freeway, Suite 525 -1- Mesquite, Texas 75150-5632 Telephone: 972-279-6571 Facsimile: 972-279-3021 CRISS & ROUSSEAU LAW FIRM L.L.P. Susan E. Criss State Bar No. 06630475 [email protected] PO Box 17046 Galveston, TX 77552 Telephone: 409-515-6176 Facsimile: 409-763-1508 ATTORNEYS FOR DEFENDANTS

CERTIFICATE OF SERVICE I certify that a copy of this notice has been served upon plaintiff’s counsel of record via e-file and e-mail (and copies have also been sent to the court reporters via e- mail) on this the 3rd day of August, 2015.

Scott Lyford ([email protected]) [Chris Garcia no longer with Mills Shirley firm (per Scott Lyford 7-13-2015)] Cylena Korkmas ([email protected]) (official reporter, 405th district court, Galveston County) Delicia Struss ([email protected]) (former official reporter, recorded the original jury trial in November 2013)

By: _________________________________ Ben Taylor

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