Carolyn Barnes v. Richard Coons ( 2015 )

November 30, 2015 NO. 03-15-00700 IN THE THIRD COURT OF APPEALS AUSTIN, TEXAS CAROLYN BARNES, ET AL, APPELLANT RICHARD COONS, M.D. and DUSTY HUMES, PH.D. JOINT MOTION TO CLARIFY RECORD FOR APPEAL On Appeal From Cause No. D-l-GN-15-000877 From The 419th Judicial District Court Of Travis County, Texas The Honorable Orlinda Naranjo Presiding Carolyn Barnes, J.D., Ph.D. i^RECEIVEDN 419 Indian Trail Leander, Texas 78641 NOV 3 0 Z0I5 (281)467-8681 THIRD C0URT0FAPPEALS s Barnes.legalguidance@gmail.com roENTITY OF PARTIES AND COUNSEL Appellant: Carolyn Barnes 419 Indian Trail Leander, Texas 78641 (281)467-8681 Bames.legalguidance@gmail.com Appellees: DUSTY HUMES, PH.D RICHARD COONS, M.D. Counsel for Appellees: Brett B. Rowe Evans, Rowe & Holbrook, P.C. 10101 Reunion Place, Suite 900 San Antonio, Texas 78216 bbrowe@evans-rowe.com David M. Davis DAVIS & WRIGHT, P.C, P.O. Box 2283 Austin, Texas 78768-2283 ddavis@dwlaw.com JOINT MOTION TO CLARIFY RECORD FOR APPEAL On October 6, 2015, the trial court entered an Order granting the motion for summary judgment filed by Richard Coons, M.D. On the same date, the trial court also entered an Order granting the motion for summary judgment filed by Dusty Humes, Ph.D. Subsequently, Richard Coons, M.D. was severed into a separate cause number to allow this appeal. It was assigned a new cause number D-l-GN- 15-004460. Dusty Humes, Ph.D. was also severed and assigned a new cause number D-l-GN-15-004461. The parties are jointly working on the designation of the Clerk's Record for appeal. There is confusion due to the nature of this case concerning where matters have been filed and the docketing of two apparently similar cases at the Third Court of Appeals and the parties now move jointly to correct and clarify the record for appeal. On November 10, 2015, this cause was docketed in the Third Court of Appeals under Cause No. 03-15-0700-CV. A week later, on November 17, 2015, a similar styled case was docketed in the Third Court of Appeals under Cause No. 03-15-0719. The only difference between 0700 and 0719 appears to be that Richard Coons, M.D. is the lead name in the 0700 appeal and Dusty Humes, Ph.D. is the lead name in the 0719 appeal. Therefore, for clarity and purposes of appeal, the parties have agreed to the following: (1) The appellate case under No. 03-15-00700 shall only bear the name of RICHARD COONS, M.D. as the defendant on appeal and will only deal with the matters pertaining to RICHARD COONS, M.D.; (2) The appellate case under No. 03-15-00719 shall only bear the name of DUSTY HUMES, PH.D. as the defendant on appeal and will only deal with the matters pertaining to DUSTY HUMES, PH.D.; (3) Any matters filed in the original case D-l-GN-15-00877 or subsequently filed in D-l-GN-15-004460 shall be made part of the record on appeal in 03-15-00700 as designated by the parties; and (4) Any matters filed in the original case D-l-GN-15-00877 or subsequently filed in D-l-GN-15-004461 shall be made part of the record on appeal in 03-15-00719 as designated by the parties. RELIEF REQUESTED Movants jointly request that the Court grant the Motion for Extension of Time to file the docketing statements, designate and file the Clerk's Record, and designate and file the Court Reporter's Record for a period of thirty days; grant the Joint Motion to Clarify Record for Appeal; clarify and designate Case No. 03-15-00700 to be the appeal concerning RICHARD COONS, M.D. and the granting of his motion for summary judgment; clarify and designate Case No. 03-15-00719 to be the appeal concerning DUSTY HUMES, PH.D. and granting of her motion for summary judgment; and all other relief requested herein. Movants request that the Court award all other relief as the Court deems just and proper. Respectfully submitted, Carolyn Barnes 419 Indian Trail Leander, TX 78641 281467 8681 barnes.legalguidance@gmail.com By: Carolyn Barnes Brett B. Rowe Evans, Rowe & Holbrook, P.C. 10101 Reunion Place, Suite 900 San Antonio, Texas 78216 bbrowe@e^ans-rowe.o BRETT B. ROWE U t SboT# /733/75o David M. Davis DAVIS & WRIGHT, P.C, P.O. Box 2283 Austin, Texas 78768-2283 ddavis@dwlaw.com By: DAVID M. DAVIS Brett B. Rowe Evans, Rowe & Holbrook, P.C. 10101 Reunion Place, Suite 900 San Antonio, Texas 78216 bbrowe@evans-rowe.com By: BRETT B. ROWE David M. Davis DAVIS & WRIGHT, P.C, P.O. Box 2283 Austin, Texas 78768-2283 ddavis@dwlaw.com DAVID M. DAVIS j> SdX? JURAT COUNTY OF WILLIAMSON STATE OF TEXAS Pursuant to Texas Civil Practices and Remedies Code Sec. 132.001, I, Carolyn Barnes, do hereby swear and affirm that the facts stated above are true and correct based on personal knowledge. I aver that "My name is Carolyn Barnes, my date of birth is January 12, 1957, and my address is 419 Indian Trail, Leander, Texas 78641 in the United States of America. I swear under penalty of perjury that all the facts stated herein are within my personal knowledge and true and correct. I have read the foregoing Joint Motion To Clarify Record For Appeal and the facts stated within that are not verified by the record are true and correct to the best of her knowledge. The attorneys representing the opposing parties, RICHARD COONS and DUSTY HUMES have agreed to this joint motion and have authorized me to sign their names with permission on this joint motion. I have attached copies of their actual signatures on the joint motion sent via email. SWORN TO BEFORE ME ON THIS 24th day ofNovember, 2015. By: 3fc^ Carolyn Barnes CERTIFICATE OF CONFERENCE Plaintiff has conferred with opposing counsel and they have agreed and join in the requested relief. fcfih^ Carolyn Barnes CERTIFICATE OF SERVICE By my signature above, I hereby certify that a true and correct copy of the foregoing document has been served pursuant to Rule 21a of the Texas Rules of Civil Procedure on all counsel of record on this the 24 day of November 2015.