Stacey Kemp, County Clerk COLLIN 2100 Bloomda l e Road, Suite 12165 M cKinney, Texas 75071 COUNTY 972-548-6423 www.coll incountytx.gov FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 6/18/2019 2:17:48 PM LISA MATZ Clerk June 18, 2019

Fifth District Court of Appeals George L. Allen, Senior Courts Building Commerce Street, 2nd Floor Dallas, TX 75202 RE: Notice of Appeal on our File No. 004-01308-2018 Styled: F l Construction, Inc. v. Phillip W. Banz and Marcos Gutierrez

Dear Sir/Madam: A Notice of Appeal was filed in our office on June 14, 2019 appealing the judgment signed on June 14, 2019. A file-stamped copy of the Notice of Appeal is attached. The Clerk's Record is due on October 12, 2019.

I appreciate your consideration in this matter; please feel free to contact me if needed.

Sincerely,

ATTEST: STACEY KEMP, COUNTY CLERK Collin County, Texas 2100 Bloomdale Road, Suite 12165 McKinney, Texas 75071 972-548-6423, METRO 972-424-1460 EXT. 6423

_c_� ____ Signed: 6/18/2019 1:59:07 PM

Issued By: ------+-,,tAebbie '-----��-Crone · ,Deputy D

05-19-00717-CV Electronically Filed 6/14/2019 4:07 PM Stacey Kemp County Clerk Collin County, Texas By: Linda Patrizio, Deputy Envelope ID: 34398540

NO.004-01308-2018 Fl CONSTRUCTION, INC. § IN THE COUNTY COURT AT LAW Plaintiff, § § V. § N0.4 § PHILLIP W. BANZ AND MARCOS § GUTIERREZ § Defendants. § COLLIN COUNTY, TEXAS NOTICE OF APPEAL Plaintiff, F l Construction, Inc., party to this case, files this Notice of Appeal seeking to alter the trial court's judgment or other appealable order.

The trial court, trial court case number and style of this matter are shown in the above caption.

The judgment or order appealed from was signed on June 14, 2019.

Plaintiff desires to appeal because the Court granted "death penalty" sanctions by excluding any evidence of damages due to Plaintiffs Attorney's failure to respond to Defendants' Requests for Disclosure where such disclosure was submitted in Defendants' Answers.

Plaintiffs Attorney failed to notice the Request for Disclosure paragraphs included in each of the Defendants' Answers. The title of the documents did not reflect the discovery inclusion and the certificates of service did not reference the separate discovery submission made therein.

Plaintiffs Attorney had no prior notice or complaint of the failure related to Defendant Gutierrez until the eve of trial by a motion to exclude; Plaintiff did respond the day the Defendant's objection was served. In the case of Defendant Banz, the objection was orally made, and the Court refused to grant Plaintiffs request to remedy the error.

This appeal is being taken to the Fifth Court of Appeals.

This notice is being filed by Maor Primo.

Respectfully submitted, By: /s/ David L. Kane David L. Kane Texas Bar No. 00790996 Email: [email protected] 5301 Village Creek Drive, Suite D Plano, Texas 75093 Tel. (972) 665-0055 Fax. (972) 665-0100 Attorney for Plaintiff

CERTIFICATE OF SERVICE I certify that on June 14, 2019 a true and correct copy of Plaintiffs Notice of Appeal was served to each attorney of record Electronically through the Electronic Filing Manager.

/s/ David L. Kane David L. Kane

Electronically Filed 6/1 1/2019 8:48 AM Stacey Kemp County Clerk Collin County, Texas By: Sharon Howard, Deputy Envelope ID: 34262898 CAUSE NO. 004-01308-2018 F1 CONSTRUCTION, INC. § IN THE COUNTY COURT § Plaintiff, § § v. § AT LAW NO. 4 § PHILLIP W. BANZ AND MARCOS § GUTIERREZ, § § Defendants. § COLLIN COUNTY, TEXAS FINAL JUDGMENT On Thursday, June 6, 2019 this cause was called to trial. Plaintiff F1 Construction, Inc.

(“Plaintiff”) appeared, and through its attorney 0f record, announced ready for trial. Defendants,

Marcos Gutierrez and Phillip W. Banz (“Defendants”) also appeared, and through their respective

attorneys of record, announced ready for trial.

The Court, after considering the matter, is of the opinion that Judgment should be entered

in favor of Defendants, and that Plaintiff recover nothing of or from the Defendants.

IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that Plaintiff take

nothing on each and every one of its claims against Defendants. A11 other relief requested and

not expressly granted herein is DENIED.

This Final Judgment disposes of all claims between all parties in this Cause.

SIGNED on this _ day of June, 2019.

Signed: 6/14/2019 11:22 AM

JUDGE PRESIDING

FINAL JUDGMENT