Carolyn Barnes v. Dusty Humes ( 2015 )

November 30, 2015 NO. 03-15-00719 IN THE THIRD COURT OF APPEALS AUSTIN, TEXAS CAROLYN BARNES, ET AL, APPELLANT DUSTY HUMES, PH.D. AND RICHARD COONS, M.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. 419 Indian Trail Leander, Texas 78641 (281)467-8681 Barnes.legalguidance@gmail.com IDENTITY OF PARTIES AND COUNSEL Appellant: Carolyn Barnes 419 Indian Trail Leander, Texas 78641 (281)467-8681 Barnes.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. 03-15-00700-CV. A week later, on November 17, 2015, a similar styled case was docketed in the Third Court of Appeals under Cause No. 03-15-00719. 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@^yans-rowe.cj _ BRETT B. ROWE~^ 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.pom DAVID M. DAVIS j>