Two days after ringing in her 42nd birthday, Ivanka Trump has turned back to more pressing matters: Trying at all costs to avoid being grilled at her father’s $250 million civil fraud trial. An attorney for Donald Trump’s eldest daughter gave notice in a filing on Wednesday that she plans to appeal a judge’s order that she must testify in the case. Her legal team previously filed a motion to quash a subpoena compelling her testimony, saying that an appellate court’s decision to drop her as a co-defendant in June negated the need for her appearance. Judge Arthur Erdogan rejected that argument on Friday. “Ms. Trump has clearly availed herself of the privilege of doing business in New York,” he said, but noted that he would give her time to appeal. Ivanka is set to take the stand on Nov. 8. Two of the former president’s other adult children—Don Jr. and Eric—were slated to answer questions on Wednesday, serving as a warm-up act of sorts to their father, who is expected to give testimony on Monday.