UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS RELIGIOUS TECHNOLOGY CENTER Plaintiff, - against - Civil Action No. 6:00 CV 503 DELL LIEBREICH, as Personal Representative of the ESTATE OF LISA MCPHERSON, Defendants. NOTICE OF APPEAL PLEASE TAKE NOTICE that plaintiff Religious Technology Center hereby appeals to the United States Court of Appeals for the Fifth Circuit from the order entered by the Honorable John Hannah, Jr. on September 18, 2003 (attached). Dated: October 14, 2003 Respectfully submitted, John (Jack) F. Walker, III State Bar No. 00785167 Jerry C. Parker State Bar No. 15489000 SAMMONS & PARKER, P.C. 218 North College Tyler, Texas 75702 Telephone: (903) 595-4541 Telecopier: (903) 595-2864 Charles A. Gall Attorney-in-charge State Bar No. 07281500 Jeffrey L. Crouch State Bar No. 00787306 JENKENS & GILCHRIST, A Professional Corporation 1445 Ross Avenue, Suite 3200 Dallas, Texas 75202 Telephone: (214) 855-4500 Telecopier: (214) 855-4300 Samuel D. Rosen 75 E. 55th Street 12th Floor New York, New York 10022 Telephone: (917) 974-7588 Telecopier: (212) 230-7783 ATTORNEYS FOR PLAINTIFF RELIGIOUS TECHNOLOGY CENTER 2 CERTIFICATE OF SERVICE I certify that a true and accurate copy of the above and foregoing NOTICE OF APPEAL has been served upon counsel for Defendant listed below on this 14th day of October, 2003, by certified mail, return receipt requested. Thomas John Dandar, Esq. Dandar & Dandar, P.A 4600 W. Cypress St., Suite 405 Tampa, FL 33607 __________________________ John (Jack) F. Walker, III UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION RELIGIOUS TECHNOLOGY § CENTER § VS. § CIVIL ACTION NO. 6:00 CV 503 DELL LIEBREICH, as Personal § Representative of the ESTATE OF § LISA McPHERSON § ORDER In accordance with the directions of the United States Court of Appeals for the Fifth Circuit, IT IS ORDERED that Plaintiffs' renewed Motion for Sanctions and Attorney Fees, Pursuant to 28 U.S.C. 11927. Upon Remand (doc. # 211) is DENIED. IT IS ORDERED that the Court's previous Sanctions Order is VACATED. IT IS FURTHER ORDERED that the Motion for Release of Cash Bond brought by Thomas Dandar and Kennan Dandar (doe. # 210) is GRANTED. Accordingly, the Clerk of the Court is directed to return to the Defendant the bond or funds Defendant or Defendants' counsel deposited into the Registry of this Court by forwarding said funds to the Thomas and Kennan Dandar at P.O. Box 24597, Tampa, Florida 33623-4597, IT IS FINALLY ORDERED that this case DISMISSED for want to jurisdiction. SIGNED this 18th day of September, 2003. ____________________________ JOHN HANNAH, JR. UNITED STATES DISTRICT JUDGE |
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