Justine Ingels v. Diane R. Earnest ( 2015 )

ACCEPTED 05-15-01512-cv FIFTH COURT OF APPEALS DALLAS, TEXAS 12/21/2015 5:35:38 PM Appellate Docket Number: LISA MATZ CLERK Appellate Case Style: Vs. FILED IN Companion Case No.: 5th COURT OF APPEALS DALLAS, TEXAS 12/21/2015 5:35:38 PM LISA MATZ Amended/corrected statement: DOCKETING STATEMENT (Civil) Clerk Appellate Court: (to be filed in the court ofappeals upon perfection ofappeal under TRAP 32) fi Person I Organization (choose one) X Lead Attorney First Name: First Name: Middle Name: Middle Name Last Name: Last Name: Suffix: W Law Firm Name: Suffix: W Pro Se: O Address I Address 2 City: State: Zip+4: Telephone ext. 'æ3 Fax: Email SBN: fi Person I Organization (choose one) n Lead Attomey FirstName: 7¡Q:..1.';;. 1:;.*:-',.: .:'':: ,' First Name: Middle Name: B. Middle N¿rng; i,-,1:::.''.':11:-.,.:;.1;;,,'.'': ':':,;1:'1,:'t;,-,11:l;;t,,..,.,;.t,,ti;;;.;t;1.:,.112:,'..-;', Last Name: Lyon LastName: Ingels Suffix:Jr., .'. Suffix: :.':' ;. . . Law Firm Nanre:Ted B. Lyon & Associates, P.C. Pro Se: C Address l: 18601 LBJ Freeway, Suite 525 Address 2: Page 'l of I City: State: Zip+4: ,r': t -ìì i (: . Telephone: ext. Fax: :: :;it, :::.'I Email: !l SBN: ffi Person ffOrganization (choose one) X Lead Attomey First Name: First Name: Middle Name: Middle Name Last Name: Last Name: Suffix: I Law Firm Name: Suffix: f Pro Se: O Address 1: '.; -¡, r.::1. i Address 2: City: t. State: zip+4i n Telephone: Fax: "t.I Email: SBN: Page 2 of B Nature of Case (Subject matter or type of case): Date order or judgment signed: Type ofjudgment: Date notice of appeal filed in trial court: If mailed to the trial court clerk, also give the date mailed: Interlocutory appeal ofappealable order: I Ves ffi No Ifyes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28): Accelerated appeal (See TRAP 28): I Yes ffi No or other basis on which is accelerated: Termination or Child Protection? (See TRAP 28.4): [Ves ElNo Permissive? (See TRAP 28.3): flves fi No or other basis for such status Agreed? (See TRAP 28.2): IYes ffiNo fy statutory or other basis for such status: Appeal should receive precedence, preference, or priority under statute or rule: I Ves I No Ifyes, please or other basis for such status: Does this case involve an amount under $100,000? [ Ves ffiNo Judgment or order disposes of all parties and issues: ffi Ves f]No Appeal from finaljudgment: [l Yes f]No Does the appeal involve the constitutionality or the validity ofa statute, rule, or ordinance? I Yes [No Motion for New Trial: ffves []No If yes, date frl"atffi.þ.îli Motion to Modify Judgment: fYes XNo rryes,dater't"¿,Vj:if¿ziirií1ry:í.:ii:í:i Request for Findings ofFact I Yes XNo If,yes, date frled: '. ' i-'¡ ' -' ' and Conclusions of Law: : [Yes XNo lfyes, date filed: . ' Motion to Reinstate: :',''', t Motion under TRCP 306a: I Yes XNo I f yes, date frled:':;.':' :.'': ., a :i'r' :':t.:::,t'.,:...::. Other: flves fi No Affìdavit filed in trial court: f,Yes X No ìfyes, date fìled: Contest fìled in trial coutl: [Yes I No If yes, date filed: Date ruling on contest due: Ruling on contest: f Sustained I Oven'uled Date of ruling Page 3 of 8 Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? f Ves I No Ifyes, please attach a copy ofthe petition. Date bankruptcy filed: W Bankruptcy Case Number: Coufi: Clerk's Record: County: Trial Court fi Clerk: n District County Trial Court Docket Number (Cause No.): Was clerk's record requested? fi Ves n No Ifyes, date requested: Irial Judge (who tried or disposed of case): If no, date it will be requested: First Name: Were payment affangements made with clerk? Middle Name: ffives [No fllndigent Last Name: (Note: No reqüest required under TRAP 34'5(a)'(b)) Suffix: "{ffi Address I Address 2 City: State: Zip+4 relephone: {,.43.Í,ï;"ffi "*r. YA:ffi}, F ax : i,.:i,ï:t/;7íf"1.Éffi:á.€, Email Repofter's or Recorder's Record: Is there a repofier's rrcord? ff Yes f No Was reporter's record requested? fi Yes f No Was there a repofter's record electronically recorded? f Yes fi No ll'yes. date requested: December 9,2015 If no, date it will be requested: Were paynrent arrangements made with the courl reporter/court recotder? 6V.r f No Ilndigent Page 4 of 8 fi Court Reporter I Court Recorder ü ornciat E Substitute First Name: Middle Name: Last Name: Suffix: W Address l: Address 2: City: State Zip+4:W Telephone ext. æ Fax: Email: Supersedeas bond filed:flYes ffi No If yes, date filed: Will file: I Yes ffi No Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Court? [ Ves ffi No Ifyes, briefly state the basis for your request: Should this appeal be referred to mediation? [ Ves fi No If no, please Has the case been through an ADR procedure? ffiYes il No If yes, who was the rnediator? What type of ADR procedure? At what stage did the case go through ADR? fi Pre-Trial I Post-Trial f, Other ll' other. please specily: Type ofcase? Personal Injury Give a brief description of the issue to bê mised on appeal, the relief sought, and the applicable standard lbr review, if known (without pre.judice to the right to raise additional issues or request additional relief): Sufüciency of the evidence to support Jury findings of zêro.damages where liabilþ was stipulated. Jury findings were against the great weight and::.r-::,': preponderance ofthe evidence and manifestly unjust How was the case disposed of? Trial Summary of relief granted, including arnount of money.judgment, and if any, damages awarded. Trial Court rendered judgement ordering that Plaintiff take nothing. If money .judgrnent. what was the amount? Actual damages: $0.00 Punitive (or similar') damages: $0.00 Page 5 of 8 Attorney's fees (trial): Attorney's fees (appellate): Other: If other, please specify: Will you challenge this Couft's jurisdiction? [ Ves fi No Does judgment have language that one or more pafties "take nothing"? fi Ves I No Does judgment have a Mother Hubbard clause? [Yes I No Other basis for finality? Ratethecomplexityofthecase(uselforleastand5formostcomplex): Xl n2 n3 [4 n5 Please make my answer to the preceding questions known to other pafties in this case. fi Ves I No Can the parties agree on an appellate mediator? [ Yes ffi No Ifyes, please give name, address, telephone, fax and email address: Name Address Telephone Fax Email W Languages other than English in which the mediator should be profìcient: Name of person filing out mediation section of docketing statement: List any pending or past related appeals before this or any other Texas appellate court by coutt, docket number, and style. Docket Number: Trial Court: Style: Vs. Page 6 of B The Courts of Appeals listed above, in conjunction with the State Bar of Texas Appellate Section Pro Bono Committee and local Bar Associations, are conducting a plogram to place a limited number of civil appeals with appellate counsel who will represent the appellant in the appeal bef'ore this Court. The pro Bono Committee is solely responsible for screening and selecting the civil cases f'or inclusion in the Program based upon a number of discretionary criter.ia, including the financial means of the appellant or appellee. If a case is selected by the Committee, and can be matched with appellate counsel, that counsel will take ovel'representation of the appellant or appellee without charging legal fees' More information regarding this program can be found in the Pro Bono Program Pamphlet available in paper form at the Clerk's Office or on the Internet at *w*.te*-app.org. If your case is selected and matched with a volunteer lawyer, you will receive a letter from the Pro Bono Committee within thirty (30) to forty-five (45) days after submitting this Docketing Statement. Note: there is no guarantee that if you submit your case fbr possible inclusion in the Pro Bono Program, the Pro Bono Committee will select your case and that pro bono counsel can be found to represent you. Accordingly, you should not forego seeking other counsel to represent you in this proceeding. By signing your name below, you are authorizing the Pro Bono committee to transmit publicly available facts and information about your case, including parties and background, through selected Internet sites and Listserv to its pool ofvolunteer appellate attorneys. Do you want this case to be considered for inclusion in the Plo Bono Program? f] Yes fl No Do you authorize the pro Bono Committee to contact your trial counsel of record in this matter to answer questions the committee may have regãrding the appeal? [ ves fi No please note that any such conversations would be maintained as conlìdential by the Plo Bono Committee and the information used solely f'or the purposes of considering the case for inclusion in the Pro Bono Program. If you have not previously filed an affìdavit of lndigency and attached a file-stamped copy of that affidavit, does your income exceed 200o/o of th; U.S. Department of Flealth and FIuman Services Federal Poverty Guidelines? [ Ves I No These guidelines can be f'ound in the Pro Bono Program Pamphlet as well as on the internet at http://aspe.hhs.gor,/povert,v/06poverty.shtml. Are you willing to disclose your financial circumstances to the Pro Bono Committee? [ Yes ffi No If yes, please attach an AfIìdavit of Indigency cornpleted and executed by the appellant or appellee. Sample forms may be found in the Clerk's Office or on the inter.net at .!,1_tlp1,^vlòr!-.lax-app.-erg. Your participation in the Pro Bono Program may be conditioned upon youl'execution of an aflìdavit under oath as to your financial circumstances. Give a brief descr.iption of the issues to be raised on appeal, the relief sought, and the applicable standard of review, if known (without preju